도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.
Criminal facts
【Criminal Records of Crimes】 On October 13, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and a fine of KRW 2 million for the same crime at the Ulsan District Court on February 3, 2016.
【The Defendant, on July 15, 2018, operated a motor bicycle under the influence of alcohol with approximately 0.263% of alcohol content 0.263% from the 500-meter 53rd road in Ulsan-dong, Ulsan-dong, Ulsan-dong, Seoul-dong, to the 03rd road.
As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, an accident scene photograph and a statement on the circumstances of the driver involved in the accident;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order attached to the suspect's previous history);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An unfavorable sentencing factor is that the sentence of a fine of one time due to a crime of violating the Road Traffic Act (unlicensed Driving) is imposed on the Defendant, which constitutes a three-dimensional driving of drinking alcohol for the purpose of sentencing under Article 62-2 of the Criminal Act. The degree of alcohol concentration in blood is extremely high, and the Defendant has the power to impose a fine of one time due to a crime of violating the Road Traffic Act (unlicensed Driving). However, since the driving of drinking other than the criminal record in the judgment is not a driving of drinking other than the above without a license, it is deemed that there is only three-way driving of drinking, a third-party driving of drinking, a one-time fine due to other crime except the above unlicensed driving power, and