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
The Defendant, at the Incheon District Court on October 26, 2012, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and on February 27, 2014, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on February 27, 2014 and violated the provision on prohibition of drinking at least twice.
around 04:57 on August 26, 2018, Defendant 1, who violated the foregoing two or more regulations prohibiting driving of alcohol, driven a B B B B eba motor vehicle under the influence of alcohol content of about 0.19% from the 1km section from the 18th north-ro, Mapo-gu, Seoul to the 113rd-ro, U.S.-ro, 113.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and summary order-making statute;
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. A favorable condition for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order: The fact that there is no history of punishment heavier than a fine due to the same kind of crime, recognition of a mistake and reflects the fact that the blood alcohol level at the time of the instant case is relatively high: The defendant's age, sexual behavior, family relationship, circumstances before and after the instant crime, etc., and all of the sentencing conditions specified in the changed theories;