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 28, 2009, the Defendant was issued a summary order of a fine of KRW 5 million due to a violation of road traffic law (drinking driving), etc. On April 26, 2012, the Defendant committed a violation of Article 44 (1) of the Road Traffic Act at least twice, on the grounds that he/she was sentenced to a suspension of the execution of two years due to a violation of road traffic law (drinking driving) at the Suwon Flag Flag method Board, etc. on at least two occasions. On May 20, 2017, the Defendant was a person who violated Article 44 (1) of the Road Traffic Act at least twice, and the Defendant was a person who was under the influence of alcohol at least 11 km from the road near the steel industry in the Gangseo-gu Seoul Special Metropolitan City, Nowon-gu, Incheon Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;
1. Previous convictions in judgment: Application of a written inquiry, text of judgment, and summary order, such as criminal history;
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. The remaining conditions of sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Juvenile Act, Article 60(3) of the Juvenile Act, close to the top degree of punishment for the Defendant’s blood alcohol concentration in the Defendant’s blood. - The Defendant has the record of having been punished several times for the same kind of crime. The favorable circumstances - the Defendant recognized all criminal facts. - Taking into account the fact that the Defendant committed the instant crime more than five years after the last five years from the date of punishment for the same kind of crime. The sentence is ordered in consideration of all the conditions of sentencing revealed in the trial process.