도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On March 6, 2009, the Defendant was issued a summary order of KRW 2 million with the same crime in the Changwon District Court's Jinju Branch's Branch's Seoul District Court's Seoul District Court's Branch's order of KRW 4 million with the same crime, etc., respectively.
[2] On April 1, 2017, at around 22:45, the Defendant driven Bcoon car at a section of about 800 meters from the front day of the restaurant in the Northern East-dong, Dong-dong, Dong-si to the front day of the car in the same Dong from the 800-meter section, while under the influence of alcohol level of about 0.053% from blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of driving a drinking, notification of the results of regulating drinking driving, and inquiry into the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of records punished twice or more due to drinking driving)-related 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service has been punished by a fine for driving under drinking in 2002, including the previous records as indicated in the judgment after the Defendant was punished for driving under drinking in 2002. On the other hand, the amount of alcohol concentration in blood is relatively low, and the Defendant’s age, sex and behavior, environment, motive and background of the crime, circumstances after the crime, etc. shall be comprehensively taken into account, and the punishment is determined as ordered.