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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Records of Crimes】 On July 22, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million due to a violation of road traffic laws in the Incheon District Court’s Vice-Support on July 22, 2008, and was charged with a summary order of KRW 2.5 million due to a violation of road traffic laws in the Incheon District Court’s Vice-Support on July 18, 2017, and is currently pending trial.
【Criminal facts】 On July 22, 2017, the Defendant driven Cwing-III Cargo Vehicles with approximately 0.053% alcohol content among blood while under the influence of alcohol from around 20km to around 147:0,000, from the day of influence 15:35 to the day of influence 147, the day of influence from the day of influence fluence fluence.
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. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking records)-related Acts and subordinate statutes;
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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) under the circumstances unfavorable to the Defendant who committed the instant crime even though the Defendant had been subject to punishment twice or more due to drinking driving; (b) the Defendant’s mistake is against himself/herself; (c) the Defendant’s alcohol concentration in blood is over 0.053%; and (d) the degree of alcohol content in blood is over 0.053%; and (c) the sentence like the order shall be determined by taking into account various sentencing conditions specified in the instant argument.