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 25, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Ulsan District Court on August 25, 2008, and on November 16, 2017, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. The said judgment became final and conclusive on January 16, 2018.
【Criminal Facts】
On June 23, 2019, at around 21:41, the Defendant driven Bho-do car under the influence of alcohol content of approximately 0.051% from the 1km section to the roads near the entrance and exit of the same Gu's ship, from the 1km section, to the roads near the entrance and exit of the same Gu's ship.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to make inquiries, such as inquiry about the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers (pre-time) criminal records, and investigation reports (report on confirmation of relevant criminal records);
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant has been punished several times due to drunk driving, and that the defendant committed the instant crime during the period of suspension of execution is disadvantageous.
However, it is time that the Defendant’s company takes a drinking test against the attending workers who are on duty and take a drinking water while working for three times and take a drinking water, and it is regulated on the drinking test of this case during the working hours. The blood alcohol concentration exceeds 0.01% under the control standard at the time (0.05%). The Defendant’s company takes a drinking test against the attending workers.