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
On March 21, 2007, the Defendant was issued a summary order of a fine of 2.5 million won for a violation of road traffic law (drinking driving) in the Goyang Branch of the Jung-gu District Court on March 21, 2007, and on September 6, 2013, the Defendant was sentenced to a fine of 5 million won for a violation of road traffic law (drinking driving) at the Seoul Western District Court.
Criminal facts
On November 2, 2017, around 01:22, the Defendant driven a B-ri vehicle with alcohol content of 0.096% from the 3km section around the department store in Yeongdeungpo-gu, Seoul Special Metropolitan City to the 3km-ro 312.
Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (prior convictions of the same kind of drinking);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 of the Criminal Act reflects the defendant's depth in committing the crime in this case and has no previous conviction heavier
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;