도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
The defendant is a person who drives a car at a horse set at B.
1. The Defendant was parked in the front of the “D” road located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, around November 30, 2017, around 01:57
Until he/she receives the E Carpaton vehicle, he/she driven the E Car with the Medition rate of about 0.226% alcohol concentration in blood in about 5 meters.
2. On September 2, 2014, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act in the Seoul Southern District Court on September 2, 2014, and was exposed to a violation of the Road Traffic Act (drinking) as stated in paragraph (1) above, and has the record of driving at least twice.
around 03:40 on November 30, 2017, the Defendant driven the horse-type car above while under the influence of alcohol content of 0.151% at approximately 200 meters from the 14-lane 18, Geumcheon-gu Seoul Metropolitan Government 200 meters to the front road of the mountain middle school.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of each traffic accident;
1. A certificate of the measurement of drinking alcohol, a statement of the situation of each driver driving, notification of the results of crackdown on drinking driving, on-site photographs and control records at the time of accident;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation of the previous convictions of the disposition and report on the date of release);
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) (the point of driving under Paragraph (2) as stated in the holding) of the Road Traffic Act concerning criminal facts, Article 148-2(2)1 of the Road Traffic Act (the point of driving under the influence of alcohol as stated in Paragraph (1) as stated in the holding), and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;