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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 11, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act by the Incheon District Court. On August 29, 2012, the Defendant was issued a summary order of KRW 5,00,000 as a crime of violating the Road Traffic Act by the ordinary military court of the 15th Army.
On September 8, 2017, around 00:05, the Defendant driven CMW car under the influence of alcohol content of about 0.105% in a section of approximately 1km from the French-gu Seoul Western to the Sungsan-ro 381, Seodaemun-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (verification of a summary order with the same type of crime history) statute;
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. 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered by Article 51 of the Criminal Act shall be determined by taking into account the Defendant’s age, sex, family relationship, motive for committing the crime, circumstances after committing the crime, etc.
O drinking is likely to lead to a traffic accident if a person drives a drinking by affecting his/her physical ability, and the risk of recidivism is high for a drinking driver.
Article 148-2 of the Road Traffic Act amended by Act No. 10790 on June 8, 201 provides that the punishment standards for driving under the influence of alcohol shall be differentiated in accordance with the frequency of driving under the influence of alcohol and the amount of alcohol concentration in blood, so as to prevent the driving under the influence of alcohol which threatens the safety of traffic on the road and to realize the awareness of the driving under the influence of alcohol.
O The defendant is the same as before the judgment.