도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 1, 2009, the Defendant issued a summary order that imposes a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on September 1, 2009, and on April 26, 2012, the same court issued a summary order that imposes a fine of four million won for a crime of violating the Road Traffic Act (drinking driving), and there was a record of violating Article 44(1) of the Road Traffic Act at least twice. However, on June 1, 2018, the Defendant driven a vehicle of approximately 2.5m alcohol level from blood alcohol level to 0.197% from blood alcohol level on the roads front of Yeongdeungpo-gu Seoul Metropolitan Government B to the same 186-day.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);
1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same kind), and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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. As stated in the reasoning of sentencing in Article 62-2 of the Criminal Act, a sentence as ordered is determined by considering the following factors: (a) the driving and detection of drinking alcohol in the condition near 0.2% of alcohol level; (b) the details and detection of drinking alcohol driving; and (c) the Defendant’s age, sex behavior, environment, etc., even though the history of punishment for drinking was two times; and (d) the sentence is determined as ordered.