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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On January 3, 2008, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) from the Busan District Court’s Branch Branch on January 3, 2008, and on July 18, 201, the Seoul Southern District Court received a summary order of KRW 5,00,000 from the same crime.
[2] On August 6, 2017, the Defendant driven B X-ray car at approximately 100 meters in the section of about 100 meters alcohol level to around 0.17% in alcohol level from around 08:10 to around 28, Seocheon-si, Seocheon-si, 748, Seocheon-si, Seoul Special Metropolitan City.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of the result of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, and report on the situation of driving alcohol;
1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;
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. The sentence of Article 62-2 of the Criminal Act requires the defendant to be sentenced to imprisonment with prison labor for the reason of sentencing twice the same drinking record, considering the fact that the defendant reflects the defendant's sex, and all other circumstances, such as the defendant's occupation, family relation, driving circumstances (the so-called crime of the Preferred Driving, in which the defendant was requested to move from his vehicle after returning to the vehicle due to his/her substitute driving).