도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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 November 22, 2013, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on November 22, 2013, and a summary order of KRW 2 million for the same crime from the same support on April 30, 2015, respectively.
【Criminal Facts】
On October 13, 2018, at around 16:20, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of about 0.056% in a section of about 3km from the front of the liquidation Myeon office located in 29, a Myeonk-ro 1-gil 29, a Myeonk-ro 29, to the front of the liquidation Myeon office located in the same Myeonk-ro 29, a Myeonk-ro 5-distance Myeonk-ro.
Accordingly, the defendant, who violated the prohibition of drinking 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. Reports on traffic accidents and photographs explanation;
1. Notification of the results of drinking control;
1. Criminal records held: Application of inquiry reports, such as criminal records, and investigation reports (Evidence List Nos. 20)-related Acts and subordinate statutes;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Incompetence] The crime of this case is deemed to have been committed again by the defendant, who violated the prohibition provisions on drunk driving not less than twice, and the nature of the crime is heavy.
As the crime of this case led to a traffic accident, the risk was realized.
[Ligue circumstances] The defendant committed the crime of this case and repented his mistake.
The blood alcohol concentration itself is low.
In addition, the instant traffic accident did not cause personal injury to a third party.
There is no other force except the criminal records of the defendant's judgment.
The defendant has old age and health status is not good.
In addition, the defendant's reputation.