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 was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on August 28, 2009, and on March 8, 2013, the above court was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.
【Criminal facts】 The Defendant is a person who is engaged in driving a car with B’s physical examination.
On July 25, 2017, the Defendant driven the said vehicle at a distance of about 500 meters from the front day of the so-called non-luminous-dong flag in the state of alcohol content of 0.154% among the blood transfusion around 00:42, to the front day of the flag of Eunpyeong-gu Seoul Flag to the same flag-ro 124 (Flag-dong flag).
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Records of judgment: Application of inquiry letter, such as criminal history, and statutes;
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. Circumstances unfavorable to the reasons of sentencing under Article 62-2 of the Criminal Act: The fact that there exists a history of two criminal punishment for the same crime, the fact that the blood alcohol concentration in the blood of this case is relatively high: The fact that there is no history of being sentenced to criminal punishment exceeding a fine, and that there is no history of being sentenced to criminal punishment exceeding a fine;