도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 4, 2016, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Seoul Northern District Court on Seoul Northern District Court on September 1, 2008, a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Northern District Court on September 11, 2008, and a summary order of KRW 2 million for a crime of violating road traffic laws at the Jungbu District Court on March 28, 2008.
On February 9, 2018, the Defendant, while under the influence of alcohol 0.129% in blood without a driver’s license, operated a bFUMA125c motor bicycle at the section of approximately 2.5 km from the distance of the off-dong culture in Seoul Special Metropolitan City Nowon-gu to Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, to the 311 front roads.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. An explanatory note;
1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;
1. Article 40 and Article 50 of the Criminal Act, the choice of punishment by imprisonment, and the choice of punishment;
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 fact that an order to attend a lecture or an order to provide community service had been served several times of punishment due to drinking for the reason of sentencing under Article 62-2 of the Criminal Act, but again led to the crime of this case, and that a person who did not drink any drinking at the time of the first investigation was driving a Ortoba
Taking into account the fact that there is no good condition after the crime, such as making a false statement, there is no criminal punishment exceeding a fine, and the fact that it is against the duty to recognize the late mistake.