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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 9, 2013, the Defendant received a summary order of a fine of one million won for a crime of violating road traffic laws at the Seoul Southern District Court on April 9, 2013, and on March 20, 2014, the Seoul Southern District Court received a summary order of a fine of four million won for a crime of violating road traffic laws.
On December 13, 2016, at around 04:48, the Defendant driven a B-hand motor vehicle under the influence of alcohol content of about 5km from the street in the vicinity of the non-exclusive restaurant located in the non-exclusive restaurant located in Seocheon-gu, Seocheon-si to the 306th day of Sincheon-gu, Seocheon-gu, Seocheon-si, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.090%.
Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement report on the circumstances of driving at drinking, notification of the results of regulating drinking driving, and report on traffic accidents;
1. On-site photographs;
1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);