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 September 25, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on September 25, 2008, and KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on November 26, 2012.
On October 8, 2018, the Defendant driven an E Spo-type car from around 3 km to the front road located in Kimpo-si, Kimpo-si, while under the influence of alcohol 0.087% of blood alcohol concentration around 23:22, 2018.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol, report on the circumstance of a driver under the influence of alcohol and report on the result of regulating drinking;
1. Previous convictions in judgment: Criminal records, investigation records, investigation reports (verification of the records of sound driving), and copies of summary orders, which are applied by two 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. 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures requires strict punishment as it is highly dangerous and considerable social harm.
In consideration of the fact that the defendant has a previous conviction of a fine twice due to the same drinking driving force, seriously reflects the fact that he/she does not repeat the crime, etc., the punishment shall be determined like the order.