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.
Punishment of the crime
On September 10, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on September 10, 2008, and on March 4, 2011, the Defendant was sentenced to a fine of two million won for the same crime at the Busan District Court's Dong Branch.
At around 02:40 on March 26, 2019, the Defendant driven D Radon car with a 4-meter alcohol level of 0.153% under the influence of alcohol level 0.153% on the front of the C cafeteria located in Yangsan City B.
Therefore, although the defendant had been punished not less than twice due to drinking driving, he has driven a motor vehicle while under the influence of re-driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Records of judgment: Application of criminal records, reply reports, investigation reports, and statutes;
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
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 all the circumstances indicated in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence should be determined as ordered by considering the following: (a) the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, led to the confession of the crime of this case and the penology of the defendant; (b) the criminal records of the defendant being punished for drunk driving twice; (c) the criminal records exceeding the fine have no criminal records against the defendant; (d) the defendant's age, character