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 May 4, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on November 9, 2015, respectively.
【Criminal Facts】
On January 26, 2019, at around 23:25, the Defendant driven C Costex vehicle in the state of alcohol alcohol concentration of about 14km from the public parking lot in the Seongdong-gu, Changwon-si, Seongbuk-si, to the front road of Kimhae-si, to approximately 14km in the section of 0.144 meters of blood alcohol content.
As a result, the defendant was a person who violated the regulations on the prohibition of drunk driving more than twice, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of the drinking driving control;
1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
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. 15530, Mar. 27, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Under the grounds for sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.
Unfavorable circumstances: The harm of drunk driving, the degree of low blood alcohol content (0.144%) and favorable circumstances, such as previous records of the same kind (4 times of fine): Confession, no excess amount of fine, family members, etc.