도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 2, 2011, the Defendant is a person who received a summary order of KRW 1,50,000 for a fine of KRW 1,500 for a violation of road traffic law in the support for the development of the source method of water source and the issuance of a summary order of KRW 2 million for the same crime at the Seoul Central District Court on March 4, 2013, respectively, on two or more occasions.
On January 5, 2018, the Defendant driven a free-of-charged car in Suwon-si B with alcohol content of 0.093%, while under the influence of alcohol, around 00:05.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);
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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The grounds for sentencing under Article 62-2(1) of the Criminal Code of the Order of Education and the Order of Community Service [the scope of punishment] The punishment as ordered shall be determined by taking into account the following circumstances: (a) imprisonment of six months or more to one year and six months (decision of sentence] as well as the Defendant’s age, sex, sex, environment, alcohol concentration in blood and alcohol, and the motive and circumstances of the crime, etc.
A disadvantageous circumstances: The defendant committed the crime of this case without being aware of the fact that he had been punished twice by a fine due to drinking, even though he had a record of such punishment: The fact that he/she was aware of his/her mistake and seriously against him/her;