도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 13, 2011, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Northern District Court on February 17, 201, and a fine of KRW 2 million with a fine of KRW 2 million at the Seoul Central District Court on February 17, 201.
On September 8, 2018, at around 01:19, the Defendant driven Bbenz motor vehicle under the influence of alcohol with approximately 0.063% of alcohol content from the 1km section to the nearest road of Yongsan-gu, Yongsan-gu, Seoul, 287 Han River basin to the Hannam-do, 27-65, as Hannam-do.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and drives a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Normal circumstances favorable to the reason for sentencing under Article 62-2 of the Criminal Act: The fact that there is no history of punishment heavier than a fine, the blood alcohol concentration is not higher, the fact that there is a mistake, and the fact that there is a record of being punished twice due to drunk driving, and the fact that there is a record of being punished twice due to driving without a license, taking into account all the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, family relationship, and circumstances before and after the crime;