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
[criminal power] On April 27, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on April 27, 2015, and a fine of KRW 2 million as the same crime from January 11, 2016 to the same support.
【Criminal Facts】
Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on April 6, 2019, at around 05:55 on April 6, 2019, the Defendant driven CM5 car in the section of about 5 km from the front day of sobrying to the front day of the sobcalled sobane 0.148% in the form of alcohol alcohol level at 0.148% in Sungnam-gu, Sungnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined by taking into consideration various sentencing conditions shown in the records and arguments, such as the Defendant’s age, attitude, environment, background of the instant crime, circumstances after the instant crime, etc., and the fact that there was no previous conviction exceeding the fine, and that there was no previous conviction: The degree of blood alcohol concentration and driving distance after 2015.