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 September 28, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving on a sound driving) in the Gyeyang-gu District Court of Suwon on September 28, 2012, and was issued a summary order of KRW 4 million for the same crime in the same court on September 13, 2013.
【Criminal Facts】
On June 23, 2018, the Defendant, as a person who violated the foregoing provision on the prohibition of drunk driving twice or more, driven a FF coos car at a distance of about 300 meters from the Do in front of the restaurant located in B in the Gu to the front of the road located in the same Gu D while he was under the influence of alcohol by 0.096% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 148-2 (1) of the same Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, which leads to a traffic accident and is highly likely to cause serious human and physical damage, and the defendant shall determine the punishment as ordered in consideration of various sentencing conditions, including the defendant's age, character and behavior, environment, circumstances of the crime, circumstances before and after the crime, etc., and the fact that the defendant has already been punished for drunk driving even though he had the record of punishment due to drinking driving.