도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 23, 2015, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act by the District Court of Jung-gu on March 23, 2015, and on January 18, 2016, the Defendant was issued a summary order of KRW 4 million with the same crime, etc. with the same court.
At around 21:56 on December 14, 2018, the Defendant, as a person who violated the duty of prohibition of drunk driving twice or more, driven a B rocketing car under the influence of alcohol content 0.085% at a distance of about 3 km to reach the road in front of the new North Myeon Office located in 2065, Sincheon-si, Sincheon-si, Sincheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a motor vehicle under consideration, report on the situation of a driver under consideration, and report on the request for appraisal;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, in consideration of the fact that the defendant again committed the crime of this case even though he had been tried by several times of the same kind, the degree of blood alcohol of the defendant, the place and distance of drinking driving, the age, character, conduct and environment of the defendant, the motive, means and consequence of the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing as shown in the argument