도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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
On April 11, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, from the Daejeon District Court's Macheon Branch Branch on June 12, 2015.
On June 7, 2019, at around 04:15, the Defendant driven a E-Pressure vehicle in the state of alcohol 0.161% of blood alcohol concentration at the 1km section from the road front of the Camina-si B to the net City D.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol by a person who has violated the prohibition of driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); 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 probation and community service order under Article 62-2 of the Criminal Act takes full account of various sentencing conditions shown in the records and arguments of this case, including the defendant's criminal records (the same type of force, the time interval with the same kind of punishment, etc.), the nature of the crime, the circumstances of the crime, the degree of blood alcohol concentration of the defendant at the time of driving of this case, driving distance of this case, driving distance of the defendant at the time of driving of this case, circumstances after the crime, the defendant's reflectivity, health conditions, family
It is so decided as per Disposition for the above reasons.