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
On December 10, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on December 10, 2012, and on January 26, 2017, the Defendant was sentenced to 9 months of imprisonment for a violation of the Road Traffic Act (driving) and 2 years of suspended execution and was sentenced to 2 times or more for a violation of the Road Traffic Act (driving).
On March 2, 2019, at around 22:38, the Defendant driven a F Eccoo vehicle in the state of alcohol alcohol concentration of about 0.129% at the 5km section from the road near “C” located in Ulsan-gun D, Ulsan-gun, to the road front of the (Gu) EE elementary school.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Report on the results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;
1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of previous records of the same kind), one written judgment, and one copy of summary order shall be applied;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
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 on probation and community service order is two times a fine for a violation of the Road Traffic Act in the past, the violation of the Road Traffic Act, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury). In addition, the crime of this case was committed at the time of the expiration of the suspended sentence by the above suspended sentence, and the defendant's blood alcohol concentration at 0.129% is very high at the time of the crime of this case.