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 July 15, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 4 million for the same crime on October 10, 2016 at the Gyeyang Branch of Suwon District Court.
【Criminal Facts】
On February 17, 2019, at around 23:10, the Defendant driven a D car while under the influence of alcohol with approximately 20 km alcohol concentration of about 0.159% from the 20km section to the front road of Ansan-si Member C.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an immigration driver);
1. Making a report on the control of drinking driving;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant repeated the crime in the event that the record of punishment for drunk driving was twice.
The responsibility of the defendant is heavy.
A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.
There is no record of criminal punishment other than the punishment power due to the above drinking driving.
The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, family relation, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.