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 April 2, 2007, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1 million for a violation of the Road Traffic Act at the port support of the Daegu District Court on April 2, 2007; on March 17, 2008, the same court issued a summary order of KRW 1 million for a violation of the Road Traffic Act; on May 2, 2008, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act; on August 25, 201, the same court issued a summary order of KRW 2,50,000 for a fine of KRW 7 million for a violation of the Road Traffic Act; on April 20, 2016, the Defendant was punished for two or more times by imprisonment for a violation of the Road Traffic Act.
【Criminal Facts】
On March 12, 2019, at around 00:45, the Defendant driven a D Trate car while under the influence of alcohol with approximately KRW 7 km alcohol concentration of 0.111%, from the point of 7km up to the south-gu road in front of the port of Posi, Nam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. of the same kind of suspect), application of statutes, such as judgments;
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 (including the fact that the defendant reflects his fault in depth);
1. Probation and community service order under Article 62-2 of the Criminal Act;