도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 5, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving), a fine of two million won for the same crime in the same court on March 13, 2013, and a fine of six million won for a violation of the Road Traffic Act (driving) in the same court on September 25, 2013.
On September 5, 2018, the Defendant, while under the influence of alcohol level of 0.061% among blood transfusions, operated B-low-income cars at the section of about 1 km to the road near the Sejong East East-dong of Suwon-si, Suwon-si, which is around 0.061% of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same case) by statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.
The circumstances that the defendant committed the crime of this case without being aware of the fact that he had been punished three times by a fine due to driving of alcohol: The defendant recognized his wrongness and had an attitude to seriously reflect his intention not to drive alcohol again in the future; the amount of alcohol concentration in blood is not high; and his father is under contact with her father and her mother.