도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
The Defendant, at the Seoul Central District Court on September 12, 2007, issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act; on August 13, 2010, the same court issued a summary order of KRW 3 million for the same crime; on January 5, 2011, the said court issued a summary order of KRW 4 million for the same crime; and on November 22, 2012, the said court issued a summary order of KRW 5 million for the same crime, respectively.
On October 17, 2018, the Defendant, while under the influence of alcohol on 0.150% of blood alcohol concentration, driven B Coina car from the 3km section of approximately 3km to the river in front of the Gangseo-gu, Seoyang-gu, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si.
Accordingly, the defendant, who had the power of violating the Road Traffic Act (driving) more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on attachment of criminal records of the same kind of suspect)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the factors of sentencing indicated in the arguments of this case, including the defendant’s age, character and conduct, environment, family relationship, etc.
The favorable normal conditions: the defendant is against the defendant's wrong recognition, and the defendant has shown an attitude to avoid driving under the influence of alcohol, such as the disposal of motor vehicles.
A disadvantageous condition: a crime that may cause serious damage to the life, body, or property of another person as well as his/her own.