도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and 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 April 16, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court’s Jinju branch on September 8, 201, upon receiving a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) from the Changwon District Court’s Jinju branch on September 8, 201, on June 12, 201, upon receiving a summary order of KRW 5 million as a fine for violation of the Road Traffic Act (driving) from the Changwon District Court’s Jinju branch on June 12, 2014, the Defendant was sentenced to a summary order of KRW 5 million on June 21, 2016.
On September 11, 2018, at around 06:47, the Defendant driven a DNA vehicle under the influence of alcohol level of 0.081% from the 100km section, from the c front of the Seo-gu Daegu-gu, Daegu-gu, to the Gonam-gun, Gonam-gun, Gyeongnam-gun, Gyeongnam-do, for the development of the Gwangju Daegu-gu Highway up to the 333rd-ro.
As a result, the defendant has been driving a motor vehicle while under the influence of alcohol even though he has violated the prohibition of drinking at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the status of the driver;
1. Notification of the results of the crackdown on drinking driving and the review of the results of the crackdown on drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment, a copy of summary order, and a list of related cases);
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act requires a strict punishment for the Defendant, considering the following: (a) even though there are many criminal records of drunk driving, repeated drinking driving of this case; (b) the distance of drunk driving is considerable; and (c) the risk of drunk driving.
However, the defendant's mistake is recognized, and there is no other reason to believe that the defendant does not repeat the crime while against his or her own mistake.