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 two years from the date this judgment becomes final and conclusive.
On July 16, 2015, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Seoul Western District Court on July 16, 2015, and on October 13, 2015, the Seoul Southern District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act, and received a fine of KRW 4 million for a violation of the Road Traffic Act from the Seoul Southern District Court on two occasions.
Criminal facts
On May 9, 2019, around 21:30, the Defendant driven a D SP car under the influence of alcohol concentration of about 0.174% in the section of approximately 2.5km from around the front road of Songpa-gu Seoul, Newcheon-dong 12k-dong, Newcheon-dong, to the front road of Songpa-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving (Evidence Nos. 3), and on the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same kind of case), and application of Acts and subordinate statutes of the summary order;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times of criminal punishment due to drunk driving, the Defendant driven a vehicle while under the influence of alcohol, even though the Defendant was under the influence of alcohol (two times of fine). The criminal liability of the Defendant is not minor.
However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflected the mistake, and that there was no record of criminal punishment exceeding the fine during that period, etc.
The above circumstances include the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the instant records and the trial process.