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 history] On July 6, 2015, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime at the Seoul Northern District Court on December 16, 2016, respectively.
[2] Although Defendant 1 had been punished twice or more due to drinking, Defendant 2 driven B K9 cars under the influence of alcohol with approximately 0.13% alcohol level from a 100-meter radius from the alley road to the alley-dong 30-lane 30, Gumi-si, Gumi-si, on September 22, 2018, while he had been punished twice or more due to drinking. Defendant 1 driven B K9 cars under the influence of alcohol leveling from around 100 meters from the alley to the alley-dong 9-8, Gumi-si, Gumi-si, the above day after he was under the influence of alcohol leveling from around 10:5 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a statement on the circumstances of each driving driver, and inquiring about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven two times a drinking alcohol.
The defendant committed the crime of this case even though he had a history of criminal punishment twice for the same crime.
At the time of the instant case, the alcohol concentration level of the Defendant’s blood is also high.
However, the defendant is the case.