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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 30, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Gwangju District Court head, and on August 29, 2007, the same court issued a summary order of KRW 1 million as a fine for the same crime.
On November 21, 2017, the Defendant driven a E-Poter truck under the influence of alcohol with approximately 0.105% alcohol concentration from around 200 meters to the front road of the Defendant’s house located in Heung-gun, Seoul, Seoul, to the front road located in C. The Defendant driven a E-Poter truck under the influence of alcohol with approximately 0.105% alcohol concentration.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition, an investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The defendant recognized his mistake and reflects his misunderstanding, and the defendant saves and lives her mother.
An unfavorable sentencing element: (a) the same criminal record and two times; (b) the concentration of alcohol in blood is relatively high; and (c) the driving of alcohol increases the risk to the safety of citizens, so there is a high need for strict punishment.