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 this judgment becomes final and conclusive.
Punishment of the crime
On June 29, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Ansan Branch of the Suwon District Court on June 11, 2013, and having received a summary order of KRW 2,00,00 as a fine for a violation of the Road Traffic Act at least twice.
On September 20, 2018, at around 22:35, the Defendant driven a 8-meter C rocketing car according to the front road of Ansan-gu, Ansan-gu, Annsan-si, under the influence of alcohol level of 0.138%.
Summary of Evidence
1. Defendant's legal statement;
1. Each photograph (Evidence Nos. 9, 10);
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: The results of inquiry and the application of each summary order statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Sep. 28, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Taking into account all the circumstances, such as the accused's criminal records, blood alcohol concentration level, driving distance, etc., as the grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the accused's mistake;