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 March 26, 2010, the Defendant received a summary order of KRW 2.5 million from the Seoul Eastern District Court to a fine of KRW 2.5 million, and on July 3, 2009, the same court received a summary order of KRW 2.5 million for the same crime.
[2] On May 27, 2017, around 09:27, the Defendant driven a B Rab cargo vehicle with approximately 5km alcohol concentration of 0.152% in blood, at around May 27, 2017, from Gangdong-dong, Gangdong-gu, Seoul to the entrance of the Republic of Korea, Hanam-do.
Accordingly, the Defendant, while under the influence of alcohol, was a person with the power to drive a motor vehicle not less than twice, driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a 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 stay of execution (see, e.g., the fact that there is no record of punishment exceeding a fine due to driving under drinking, the fact that driving under drinking has not been discovered due to driving under drinking after 2010, and the fact that the person commits a mistake and repent
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;