도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
[criminal history] On June 3, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court, and on March 31, 2016, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.
[2] On March 18, 2018, around 06:15, the Defendant driven a D Belgium car while under the influence of alcohol content of about 0.134% at approximately 60 meters from the 50m section of blood alcohol level to the 46mnive road in the front of the Gangseo-gu Seoul Mapo-gu, Yangyang-ro, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous conviction: Application of a reply to inquiry, investigation report (Attachment to a copy of a summary order) Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the criminal defendant's previous convictions as stated in his/her judgment, and the fact that he/she drives drinking even on March 11, 2018, in consideration of the fact that he/she was under the influence of drinking, etc., the choice of imprisonment shall be made by taking into account the fact that he/she had no record of being subject to a suspended sentence or heavier punishment, and other circumstances, such as the defendant's age, sex, environment, etc., the execution of imprisonment shall be suspended,