도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 30, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Youngju District Court's Youngdong Branch on November 30, 2007, and a summary order of KRW 2 million as an identical crime at Daejeon District Court on July 29, 2009.
【Criminal Facts】
On February 18, 2019, at around 19:50, the Defendant driven a vehicle with C Pound while under the influence of alcohol 0.069% in a section of about 10km from the front of the Seoyang-dong, Seoyang-gu, Daejeon to the roads in front of the Dayang-dong, Chungcheongnam-gu, Daejeon, and from the front of the Yancheon-gun B.
Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);
1. Relevant Article of the Act on Criminal facts 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. The reason for sentencing under Article 62-2 of the Criminal Act is the crime that may cause serious harm to the life and body of the driver as well as the driver himself/herself.
The defendant was punished for drinking twice in the past but again committed the crime of this case.
Defendant recognized the criminal facts of this case.
The defendant's blood alcohol concentration is not very high.
In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.