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
[criminal power] On May 13, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on May 13, 2008, and KRW 4 million as a fine from Daejeon District Court on August 19, 2015.
【Criminal Facts】
On October 15, 2018, around 21:05, the Defendant driven B rocketing car with a blood alcohol concentration of about 0.107% from the section of about 1km from the front of the middle cafeteria in the Taecheon-si, Taecheon-ro to the front-ro of the same Sincheon-ro.
Ultimately, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and drives a motor vehicle under the influence of alcohol in violation of the said provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of 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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc., the sentence as ordered shall be determined.
Unfavorable circumstances: The fact that the record of punishment for drunk driving is twice but it is highly likely to be subject to criticism for recidivism, and that the risk of recidivism is high, and that the blood alcohol concentration is relatively favorable: the confession and reflection are made.