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 August 27, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon on August 27, 2014, and on January 30, 2015, for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on at least two occasions, respectively.
On February 19, 2018, the Defendant driven B beerma vehicle under the influence of alcohol leveling of about 1km from about 1k to about 0.179% in alcohol level, from around 12, South-gu, Daegu, Seoul, a 18-lane, to the front day of the Huduk-dong located in the same Dong-dong.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Investigation report (verification of driving record on drinking not less than twice) and application of each summary order under 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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.
- There are two occasions the history of punishment for the violation of road traffic laws (driving), - the recognition and reflect of the crime, and the non-driving of drinking again;