도로교통법위반(음주운전)등
Defendant shall be punished by imprisonment for a term of one year and two 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
On July 11, 2011, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act from the Seoul Southern District Court, and on September 6, 2018, filed a petition for a summary order with the Seoul Western District Court for the same crime, and on December 3, 2018, received a summary order of KRW 4 million on or more than two occasions, and driving a motor vehicle with a blood alcohol concentration of KRW 0.151% without a driver’s license on November 26, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on filing of summary orders in cases among suspect trials)-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the course of attending lectures and the course of driving alcohol, driving distance, blood alcohol concentration at the time, the Defendant’s age, character and conduct, environment, family relationship, etc.
Disadvantageous circumstances: a crime that may cause serious damage to the life, body, or property of another person as well as his/her own, needs to be punished accordingly.
In addition, the Defendant not only was punished by a fine for drinking driving once, but also was driving in the state of re-driving even though he was well aware of the fact that the Defendant had been on August 16, 2018 and applied for a summary order on the charge of drinking driving at the time of the instant crime.