도로교통법위반(음주운전)
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.
Criminal facts
On May 23, 2008 and September 3, 2013, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1,500,000,00 of each fine for a crime of violating the Road Traffic Act from each of the Cheongju District Court on the grounds of a violation of the Road Traffic Act.
On March 28, 2017, the Defendant driven B-low-scale car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.112% from the 200-meter section from the roads near the center of the city of Ansan-si to the roads of approximately 621 Gu, Sinsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sexual conduct, environment, background leading to the instant crime, means and result thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing that are shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: (a) the circumstances favorable to the Defendant that the Defendant has the same criminal history: (b) the confession of the instant crime; (c) the Defendant has the criminal history exceeding the fine; and (d) the Defendant has no criminal history exceeding the fine.