도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 30, 2010, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a violation of road traffic law at the Gangnam branch of the Chuncheon District Court, and on December 29, 2008, issued a summary order of KRW 3,00,000 as a fine for the same crime by the same court.
On May 29, 2017, the Defendant driven D car with alcohol content of about 2 km from around 1758-14 meters to the Defendant’s house located in Gangseo-si, Gangwon-si, the coast of Gangseo-gu, 1758-14 order-driven port, to the front road of the Defendant’s house located in Gangseo-si, the Defendant driven D car with alcohol content of about 0.218%.
Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of suspect's records of driving alcohol), and summary order;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: One's mistake is pened, and circumstances unfavorable to the fact that there is no past record of punishment exceeding a fine: The fact that five times the person has been punished due to drinking, and the drinking value is considerably high;