도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 4, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court, and KRW 2.5 million as a fine for the same crime from the Youngju District Court’s Young-dong branch on November 29, 201, respectively.
On July 15, 2017, at around 20:10, the Defendant driven a Cone Star Roster car with alcohol content of about 0.079% in blood for about 500 meters from the parking lot for the “Large Cheong-gu Cheongdong” restaurant located in the Taemun-gu New Vibration to the front road of the same tin-dong Ydong-dong.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver of a vehicle driving, notification of the results of crackdown on drinking, and report on the detection of the driver of a vehicle driving;
1. Inquiry into the results of crackdown on driving alcohol, a written appraisal of alcohol during blood and a report on the situation of driving alcohol;
1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. While considering the fact that a person twice the same kind of force as the sentencing of Article 62(1) of the Criminal Act in the suspension of execution is again repeated driving of drinking, the defendant should be punished strictly. However, the fact that a mistake is recognized and contradictory, and all of the sentencing conditions shown in the records, such as the defendant's age, sex, family environment, etc., shall be determined as ordered by taking into account all of the factors indicated in the records.