도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 14, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On July 29, 2014, the Defendant was issued a summary order of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court.
On March 28, 2016, at around 02:35, the Defendant driven a B Sp-type car under the influence of alcohol concentration of about 0.124% from the 1km section from the road located in the Gangseo-gu Seoul Metropolitan Government Seogdong to the road of about 159 in the same mouth.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement on the occurrence of each traffic accident;
1. The application of Acts and subordinate statutes on the numerical value of blood collection measurement and the statement report on the situation of the main driver;
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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of community service and order to attend a course of education was that the defendant's vehicle was under a stop while driving alcohol, and the accident was not less than that of the defendant's vehicle, and there was the record of being punished for driving alcohol twice in the past. The degree of alcohol concentration in the blood of the crime of driving alcohol in the case of this case, details of the crime, the result of the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments,