도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 1, 2012, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on March 27, 2013, respectively.
【Criminal Facts】
On October 22, 2018, the Defendant, as above, was a person with two or more times of alcohol driving skills, driving a FNAS car in the state of alcohol alcohol concentration of approximately 0.172% from the front road of Suwon-si, and from around 2km to the E parking lot located in the same Gu D from around 0.172% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification reports on the records of driving the same kind of motor vehicle);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc. were considered as follows. The sentence was determined as ordered.
Unless the defendant is aware of the history of punishment for a fine twice due to drinking driving, the defendant was driving in a dangerous manner by two witnesses to the extent that he reported, while he was found to have a high level of alcohol alcohol.
The favorable circumstances shows the attitude of recognizing his mistake and seriously against him, and selling the vehicle in his possession and not driving it in the future.