도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 18, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, on June 21, 2010, the same court issued a summary order of KRW 2.5 million as a fine for the same crime, on December 10, 2010 in the same court, and on February 9, 2012 in the same court, the summary order of KRW 4 million was issued for the same crime.
On January 7, 2018, the Defendant driven a BM6 vehicle at a section of about 500 meters from the parking lot in the court registry in the same city and in front of the road, from around 01:25 to around 0.145% of alcohol level while under the influence of alcohol level.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply to inquiry, and a copy of each summary order;
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. In full view of the records of this case and various sentencing conditions indicated in the previous theory, including the criminal records of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the protection and observation, the degree of alcohol concentration in the blood of the defendant at the time of driving of this case, driving distance, the developments leading up to the control of this case, the character and conduct of the defendant (the risk of recidivism, etc.) and the fact that the defendant is against wrong
It is so decided as per Disposition for the above reasons.