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 August 20, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court. On May 17, 2016, the Defendant received a summary order of KRW 4 million from the Gwangju District Court to a fine of KRW 1 million for a crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 16, 2019, at around 13:39, the Defendant driven a e-wing truck while under the influence of alcohol of about 1.3km from the distance of approximately 0.117% alcohol level to the front road of the Donnam-gun B community hall in Donnam-do to the front road of the Donnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, etc. and the application of two-yearly Acts and subordinate statutes of a summary order;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished twice due to drunk driving, the defendant reflects his mistake, the parent whom the defendant should support, the blood alcohol concentration level (0.117%) at the time, the distance from drunk driving, the distance from driving, the distance between the previous driving skills, and the distance between the defendant's age, character, character, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and all the sentencing conditions as shown in the arguments shall be determined as ordered.