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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 20, 2007, the Defendant received a summary order of a fine of three million won or more due to a crime of violating the Road Traffic Act by the Ulsan District Court, and a summary order of one million won or more due to a crime of violating the Road Traffic Act by the same court on July 16, 2015, respectively.
On June 9, 2017, the Defendant driven a Category B motor vehicle under the influence of alcohol content of approximately 0.157% from a section of approximately 4km to the main art village located in the same side from the front side of the "Jagin's house" located in the north-do, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City, to the front side of the art village located in the same side.
Summary of Evidence
Before the Defendant’s legal statement, the Defendant’s report on driving under the influence of alcohol, the notice of his driving under the influence of alcohol, the driver’s report, the driver’s license register, and the second investigation report (the driver’s circumstantial report at home): He shall be determined in consideration of all the circumstances as follows: (A) a response to a criminal record, such as a criminal record; (A) a relevant law concerning the criminal facts subject to the investigation report (the confirmation report on the previous history); Articles 148-2(1)1 and 44(1)3 of the Road Traffic Act (the choice of imprisonment); Articles 53 and 55(1)3 of the Act on the Suspension of Execution of Article 62(1)3 of the Criminal Service Order under Article 62-2 of the Criminal Act, including the degree of driving under the influence of the Defendant’s age, the distance; and (2) the motive and circumstances of the crime; and (3) the order and the following circumstances.
The circumstances that are disadvantageous: The circumstances that are favorable to the fact that the nature of the crime is not good because a person has been sentenced twice to a fine due to driving of drinking, although he/she has a record of being sentenced to a fine: The fact that the defendant repents and reflects his/her mistake, and that the defendant does not repeat the crime and scrap his/her vehicle.