도로교통법위반(음주운전)등
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 December 3, 2016, the Defendant driven a B-hand vehicle with alcohol content of 0.080% in blood at around 04:49, while under the influence of alcohol. On December 12, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.087% in blood at around 03:15, and was issued a summary order of KRW 3 million on February 8, 2017 by the Ulsan District Court for a crime of violation of Road Traffic Act (driving).
On April 7, 2017, the Defendant driven a car in the Republic of Korea with approximately 400 meters alcohol concentration of about 0.077% while under the influence of alcohol without a driver’s license, from the 300-meter radius to the 400-meter radius from the scopher-ro, Ulsan-gu, Ulsan-ro, Busan-ro, 228, to the scopher-ro, 180-ro.
As a result, the Defendant was a person with at least two times of violating the Road Traffic Act (drinking driving) and driving the said vehicle under the influence of alcohol without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. The driver's license ledger;
1. Previous convictions: Inquiries about criminal history, reporting on previous convictions without disposition, and applying Acts and subordinate statutes to investigation reports (verification of the records of driving under drinking twice);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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 Act is that the Defendant’s continuous driving of drinking in a short period from around December 2016 under the circumstances unfavorable to him/her, but the alcohol concentration in blood is not significantly high, and that he/she does not drive alcohol again.
consideration of any fact described therein