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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 18, 2009, the defendant issued a summary order of KRW 3 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), the violation of the Road Traffic Act (Dangerous Driving), and the violation of the Road Traffic Act (Dangerous Driving) in the court on May 7, 2009, respectively. On July 3, 2015, the same court issued a summary order of KRW 3 million for the violation of the Road Traffic Act (Dangerous Driving) at least twice after being sentenced to the suspension of the execution of six months for the violation of the Road Traffic Act (Dangerous Driving).
【Criminal Facts】
On October 21, 2018, the Defendant driven a F Sti-type car with approximately 300 meters alcohol level 0.130% under the influence of alcohol level 0.130% from the public parking lot in front of the Da, located in the Gyeong-gun B of the Gyeongbuk-gun around 21:42 to the E parking lot in D.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report, report on the circumstances, and report on internal investigation (on-site photographs);
1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;
1. On-site photographs;
1. Criminal records as stated in the judgment: Criminal records, inquiry report on criminal records, review of the same kind of power, confirmation of persons subject to a three-way system for drinking driving, summary order, and application of three-minutes of the judgment;
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 defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures are as follows: (a) a fine on one occasion in 200 for drunk driving in 200; (b) a fine on two occasions in 2009; (c) a fine on six months in 2015; and (d) a punishment for two years in 2015; (b) a criminal defendant repeats the same type of crime; and (c) a defendant's blood alcohol concentration at the time of the instant crime is considerably high to 0.
(b).