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.
Criminal facts
Some of the facts charged were corrected.
On September 3, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court, and on October 1, 2018, the above court received a fine of KRW 1 million as the same crime.
On December 15, 2018, the Defendant, while violating the regulations on the prohibition of drunk driving twice or more, operated Bbera-car at a distance of about 2 km from approximately 2 km to the waterside 33-50 square meters on the roads on the waterside in Jin-dong, Soon-gu, Seoul Special Metropolitan City under the influence of alcohol content 0.071% at the influence of alcohol at around 09:49, Dec. 15, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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; Act No. 15530, Mar. 28, 2019);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing in Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures was that the Defendant driven a SUV vehicle in the state of the second blood alcohol concentration of 0.071% even when the Defendant was sentenced to respective fines around 2010 and around 2018 due to drinking alcohol.
The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, the defendant has no record of crime other than the fine imposed on three occasions, and the defendant's age and character, environment, motive, means and consequence of the crime are to be determined as ordered in consideration of the overall circumstances such as the defendant's age and character, environment, motive