도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal record] On January 28, 201, the Defendant received a summary order of KRW 1,500,000,000 from a person who violated the Road Traffic Act (drinking driving) in the official housing support of the Daejeon District Court on January 28, 201, and a summary order of KRW 3 million from the Suwon District Court on March 23, 2015, respectively.
[2] On December 30, 2017, at around 23:50, the Defendant driven B rocketing vehicles under the influence of alcohol concentration of about 0.063% at the section of approximately 200 meters, from the 84-ro, west-ro 84, west-si, Kimpo-si, Kimpo-si, Kimpo-si, the front day of the west-si, Kimpo-si, Kimpo-si to the front day of the Mapo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of alcohol, notification of the results of regulating drinking, and photograph;
1. Application of a reply to inquiry, such as criminal history, and the application of the statutes on investigation reports (Attachment to the judgment);
1. In light of the pertinent legal provisions and the records of Article 148-2 (1) 1 of the Road Traffic Act regarding criminal facts, it is reasonable to view the "Article 148-2 (2) 1 of the Road Traffic Act" as an obvious clerical error, and thus, it is ex officio correct as above.
Article 44(1), 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the Defendant was punished twice on or around 2011 and around 2015 due to the violation of the Road Traffic Act (driving). Meanwhile, the Defendant reflects the instant crime, and the Defendant’s blood alcohol content (063%) is not relatively high, and the Defendant’s age, sex and behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the crime, etc., the same sentence as the order shall be determined by comprehensively taking account of the following factors: