도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On December 19, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court on December 19, 201, and on April 4, 2014, the Defendant was issued a summary order of KRW 1.5 million for the same crime at Suwon District Court.
【Criminal Facts】
On February 23, 2019, at around 23:40, the Defendant driven a C BY car in the state of alcohol alcohol concentration of approximately 0.187% from the section of about 1km from the road in which the Defendant was acting in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front road of Sungnam-gu, Jungnam-gu.
As a result, the Defendant, who violated two times or more of drinking driving, was driven under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of a drinking driver, the results of crackdown on drinking driving, and the written appraisal of blood alcohol;
1. Previous records of judgment: Criminal records, inquiry reports, and application of second-class summary order of the same military power-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined in consideration of various conditions of sentencing shown in the pleadings and records, including the fact that a person is led to confession and reflect, and that there is no criminal conviction or heavier than a suspended sentence: The recent history of criminal punishment due to drinking driving is two times, the blood alcohol concentration level is significant, and the defendant's age, character and behavior, environment, circumstances of the instant crime, and circumstances after the crime, etc.;