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 June 9, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon-do, and on September 8, 2008, received a summary order of KRW 1 million as a fine for the same crime from the same support on September 8, 2008, and on the same support on August 26, 2010, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence, and was sentenced to 6 million of fine at the Daegu District Court on September 12, 2013 as a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On January 20, 2019, at around 00:35, the Defendant driven a DNA rocketing car from approximately 20 meters away from the Gusi-si B to the front road of the same city C with the blood alcohol concentration of about 0.164% under the influence of alcohol.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports (former records, confirmation and attachment of judgment) and Acts and subordinate statutes;
1. Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, blood alcohol concentration of the defendant in the instant case, and the age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all the sentencing shown in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence like the order shall be determined