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
On December 19, 2016, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 19, 2016, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 4, 2010, and is a cargo driver.
On March 23, 2019, at around 17:15, the Defendant driven the F Poter Cargo 3 kilometer while under the influence of alcohol by 0.127% from the front of the “C Pool” road located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul to the front of the “E” road located in Yongsan-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Investigation report (related to the change of the applied numerical value of the mark formula), investigation report (related to the application of the blood alcohol concentration of a suspect), investigation report (related to the visit of a suspect to drinking places);
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had already been punished twice due to drinking, but was also driving under the influence of drinking.
At the time, blood alcohol concentration was high, and there was a contact accident with the vehicle parked in the rear bank, and there is no possibility of criticism against the defendant.
However, the fact that the defendant repents his mistake, that the victim agrees with the victim about the contact accident caused by the drinking driving, that the damage has been recovered, and that there is no record of criminal punishment exceeding the fine between 20 years and 20 years.
Other factors of sentencing indicated in the records, such as the defendant's age, character and conduct, family environment, motive and circumstance of crime, etc., shall be determined as per Disposition.