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 March 21, 2011, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Incheon Southern District Court to the same crime on May 24, 2012, respectively.
On December 15, 2018, at around 06:05, the Defendant driven a BMW520d car with approximately KRW 1km from the street in front of the East East Eastern Station to the road in front of the East East Eastern Station located in the same city.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Each police investigation report;
1. A written appraisal;
1. Previous conviction: Criminal history records, reply reports to the prosecution, reports on investigation by the prosecution, and the application of Acts and subordinate statutes related to attached data;
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 reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing is that the defendant, who has been punished for drunk driving, drives a motor vehicle again. Although the nature of the crime is not good in light of blood alcohol level or the attitude of the defendant at the time of the measurement of alcohol level, the defendant's mistake and reflects his depth, the fact that the defendant has no criminal record of probation or higher, the social relation is clear, the social relation is obvious, and the person and his family members appeal his wife, etc. shall be considered as favorable to the defendant. In addition, the defendant's age, occupation, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc. are considered as follows.