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 January 18, 2013, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on October 24, 2014, the Defendant was sentenced to a fine of KRW 4 million for the same crime at the Seoul East District Court.
Although the Defendant had been driving on two or more occasions as above, he again driven the BKan Zon under the influence of alcohol with approximately 0.121% of alcohol concentration from the 257-day road in Songpa-gu Seoul, Songpa-ro, Seoul to the 239-ro, Song-ro, 200 meters from the 200-lane to the same 239-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Criminal place, report on the circumstantial statement of the driver involved, inquiry about the result of crackdown on drinking driving, and reply to a request for appraisal; and
1. Previous conviction: Application of a reply to inquiry, investigation report (Attachment to a copy of a summary order) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Normal circumstances, such as the fact that there exists no record of punishment heavier than a fine since 1998, and the fact that a person does not drive under the influence of alcohol again and is against the depth of not driving under the influence of alcohol, etc., under Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of a fine;
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;