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 July 22, 2008, the Defendant received a summary order of 2,500,000 won of a fine due to a violation of the Road Traffic Act (driving), etc. at the Jung-gu District Court on July 22, 2008. On August 25, 2008, the Defendant received a summary order of 2.5 million won of a fine due to a violation of the Road Traffic Act (driving).
On December 23, 2018, at around 09:56, the Defendant driven a gallon vehicle under the influence of alcohol with approximately KRW 0.078% alcohol concentration at the 1km section from the front of the Defendant’s office located in Yangju-si B to the Dmatept Drier road located in the same city C.
Accordingly, the Defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol and the inspection results of the control of drinking driving;
1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (Attachment reports of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the crime of this case even though he had been tried by several times of the same kind, the same criminal record is relatively long, and the blood alcohol concentration of the defendant, the place and distance of drinking driving, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances of the sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered