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
On December 15, 2015, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court (Seoul Western District Court). On December 18, 2015, the Defendant was issued a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court.
On February 18, 2017, the Defendant driven a B machine with alcohol content of 0.122% in the blood transfusion around 17:45, while under the influence of alcohol, on the roads near the mutual influence house located in Seodaemun-gu Seoul Metropolitan Government to Yangporo 21-ro 37, Seoul Mapo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Investigation report (the application of the above dmark);
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers, confirmations of the decisions and file of records);
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 under Article 62-2 of the Criminal Act is that the Defendant once again driven drinking, even though he was punished twice due to drinking, as stated in the judgment, and the circumstance where the risk of driving drinking is realized due to the shock of other vehicles parked by the Defendant is unfavorable.
However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive for the crime, circumstance after the crime, etc., shall be determined as ordered in consideration of the fact that the defendant recognized the crime of this case and against the mistake, the defendant did not have any punishment heavier than the fine due to driving of drinking, and the defendant's age, sex, environment, motive for the crime