도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On May 25, 2009, the Defendant received a summary order of KRW 500,000 from the Busan District Court to a fine of KRW 500,00 as a crime of violating the Road Traffic Act, and on February 8, 2017, the same court issued a summary order of KRW 3 million as an identical crime.
On August 17, 2018, around 06:07, the Defendant driven a motor vehicle B with low alcohol concentration of 0.057% in the 3km section from the Seocho-gu, Busan to the front road of the original building, which is divided into about 134 square meters in front of the original building, around 06:07, the Defendant driven a motor vehicle with low alcohol level of 0.057%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. Article 53 and Article 55(1)3 of the Criminal Act to mitigate small quantities (including the blood alcohol concentration in blood, the fact that his/her mistake is against others);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);