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 August 29, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on August 29, 201, and was issued a summary order of KRW 1,500,000 for the same crime at the Suwon District Court on August 29, 2014. On November 5, 2015, the Defendant was punished on two or more occasions due to drinking, such as receiving a summary order of KRW 5,00,000 from the Suwon District Court on July 29, 2015 as the same crime.
Nevertheless, on April 13, 2018, the Defendant driven B Poter truck under the influence of alcohol leveling 0.161% in alcohol leveling from the front day of the lebbsium located in the lebscopum, in the front day of the lebscopon, to the front day of Pyeongtaek-si, Samnam-ro, 767.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, and a written appraisal of alcohol during blood transfusion;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- There is a history of punishment several times for the same crime, provided that the driving of the drinking of this case does not cause any other traffic accident. - there is no history of criminal punishment exceeding a fine. - The defendant is against his own mistake.