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
[criminal power] On July 13, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with the same crime in the same court on September 7, 2007, and a summary order of KRW 5 million with the same crime in the same court on November 5, 2010, respectively.
【Criminal Facts】
At around 07:00 on January 1, 2019, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.086% in the section of about 2 km from the front road of Suwon-si, Suwon-si to the front road of the same Gu C.
Accordingly, although the defendant was punished for a drunk driving more than twice, the defendant was driving again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of the driver, investigation report (report on the status of the driver), and records of blood alcohol concentration;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflectment of the sentence, and circumstances unfavorable to the absence of a criminal record of suspension of execution or more: The defendant's age, character and conduct, environment, circumstances of the crime of this case, circumstances after the crime, and other various conditions of sentencing specified in the records and arguments, shall be determined as ordered, taking into account the following factors: The defendant's age, character and conduct, and environment, and the circumstances after the crime, etc.;