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
On April 24, 2007, the Defendant received a fine of KRW 700,000 as a violation of the Road Traffic Act (driving) from the Busan District Court’s Branch Branch on April 24, 2007, and a fine of KRW 1 million as a violation of the same Act in the same court on November 12, 2014.
Nevertheless, at around 00:28 on April 23, 2019, the Defendant driven a E-high-est car with approximately 300 meters alcohol concentration 0.119% under the influence of alcohol from the C parking lot located in Seocheon-si B to the back side of the D building in Seocheon-si.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
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. Considering the fact that the Defendant was sentenced to a fine not less than twice for the same offense, and again committed the crime of drinking alcohol in this case, and that the blood alcohol concentration of this case reaches 0.119%, the Defendant’s responsibility is not easy.
However, the main sentence is that the defendant reflects the mistake, there is no record of punishment exceeding the fine, the contents, frequency and degree of criminal records of the same kind of crime, circumstances after the crime, the age, character, conduct, family relationship, economic circumstances, etc. of the defendant.