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 of the final judgment.
Punishment of the crime
[criminal power] On July 12, 2007, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Seocho District Court’s Seocho Branch on July 12, 2007, and a fine of two hundred and five hundred thousand won as a crime of violating the Road Traffic Act (driving) at the same court on October 5, 201.
【Criminal Facts】
At around 00:50 on December 21, 2018, the Defendant driven a Fystet other sports vehicle under the influence of alcohol leveling 0.141% at the 4km section from the front of the entertainment drinking club “C”, “E,” which was located at the early 01:01 on the same day, to the front of the “E” located at the early 01:01, supra.
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 the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was sentenced to a fine for the same kind of crime: Provided, That the last criminal punishment imposed by the defendant for the same crime is seven years before the crime of this case, and the punishment is determined as ordered in consideration of all the conditions for sentencing such as blood alcohol concentration at the time of this case and the numerical value of alcohol level at the time of this case