도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 19, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and on January 11, 2016, at the Seog branch court of the Daegu District Court, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act.
On August 9, 2018, at around 23:50 on August 23:50, 2018, the Defendant driven a Category B car under the influence of alcohol of about 2 km from the 2km section to the 0.130% of blood alcohol concentration on the road front of the mutual influorial convenience store located in Daegu-si, Seogu, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu.
As a result, the defendant has been driving a motor vehicle while under the influence of alcohol even though he has violated the prohibition of drinking at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the state of drinking drivers, and statement of the results of crackdown on drinking driving;
1. Previous record: Application of Acts and subordinate statutes by making a copy of summary order and an inquiry about criminal records;
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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant has repeated the instant drunk driving even though he had a previous conviction in the judgment, and considering the high drinking level, the risk of drunk driving, etc., it is necessary to strictly punish the Defendant.
However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no particular criminal record other than the criminal record in the judgment, driving distance, details of the crime, and the prosecution's punishment, it is decided as per the disposition.