도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
On October 29, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon District Court, and on December 11, 2015, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon, respectively.
On September 2, 2010 and November 16, 2015, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On March 10, 2016, the Defendant driven a motor vehicle under the influence of alcohol of about 700 meters in a section of about 0.223% of alcohol level during blood alcohol level from the 700m to the road in front of a restaurant for Ssamcheon-si, Sincheon-si. On March 10, 2016, the Defendant driven a motor vehicle under the influence of alcohol level of not less than 0.23% during blood alcohol level.
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 conviction: Application of a written inquiry and a written inquiry, a report on investigation (report attached to the previous conviction and the summary order);
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a crime (the consideration, such as the fact that the pertinent person drives the instant drinking again despite the fact that he/she had been punished for driving under the influence of alcohol twice, and the fact that the blood alcohol concentration is high, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201; Supreme Court Decision 2009Da1489
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. An order to attend a course under Article 62-2 of the Criminal Act;