도로교통법위반(음주운전)
The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 8, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on October 28, 2008, in the same court, the Defendant received a fine of KRW 2 million as a crime of violating the Road Traffic Act.
On March 20, 2019, at around 22:00, the Defendant driven C K5 cars while under the influence of alcohol with approximately 0.078% alcohol concentration from the 1km section to the roads adjacent to the heart telephone station distance, located in 49 in the same Sinsulro 49.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of this prohibition.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statement of the employee;
1. Notification of the proper launch for drinking;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. Number of the reason of sentencing under Article 62-2 of the Criminal Act, the distance and section of alcohol level, the background of drunk driving, the frequency and contents of the records of punishment for the same kind of crime, the final records and the time interval of the crime in this case, the confession of the crime, the fact that the defendant's age, character and behavior, the environment, the circumstances of the crime, and the circumstances after the crime, etc. are considered, and the punishment shall be determined as ordered by the order, taking into account all the sentencing conditions shown in the arguments in this case, such as the defendant's age, character and behavior