도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 September 29, 2006, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 2 million as a fine in the same court on April 7, 2008, respectively.
【Criminal Facts】
On March 3, 2019, at around 13:56, the Defendant driven a C-car under the influence of alcohol content of 0.138% from the front road near the Jamak-dong, Songpa-gu, Seoul to the front road of Gangnam-gu, Seoul.
Accordingly, the defendant, even though he violated Article 44 (1) of the Road Traffic Act twice, was driving a vehicle under the influence of alcohol again.
The facts charged are rhyd.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)
1. Control note;
1. Previous convictions indicated in the judgment: Criminal history records, return of internal investigation and investigation reports (Evidence List Nos. 7 and 13), and application of two copies of summary order Acts and subordinate statutes;
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. An order to attend a lecture and an order to provide community service, which has failed to lead to an accident, due to the following violations: (a) the circumstances where the police police received 112 reports from the driver of a two-wheeled motor vehicle around the police station; (b) the level of drinking alcohol in this case is high; and (c) the Defendant repeated drinking driving despite the fact that the Defendant was punished twice due to drinking driving; and (d) other factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., taking into account the various sentencing conditions indicated in the argument of this case, such as the circumstances after the crime.