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 November 3, 2010, the Defendant was issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of road traffic law (drinking) in support of the Sungnam branch of the Suwon branch, Seoul Northern District Court on February 18, 2013, and a fine of KRW 2 million as the same crime.
The Defendant, as seen above, was a person with two or more alcohol driving skills, driven a car at the section of about 500 meters from the road near the Busan Shipping Daegu East Port to the road under the jurisdiction of 0.082% of alcohol concentration in blood around December 7, 2017, under the influence of alcohol around 22:10 on December 7, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a statement on the circumstances of the driver in charge of the primary crime, investigation report (report on the circumstances of the driver in charge of the primary crime), investigation report (in response to blood collection), inquiry report, criminal history, etc., report on the results of confirmation of the previous conviction before and after the disposition;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
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. For the reason of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture or an order to provide community service order, the Defendant’s criminal records, alcohol concentration level during blood transfusion, Defendant’s age, environment, sexual conduct, the circumstances and result of the instant crime, etc. shall be considered and determined as ordered by taking into account all of the sentencing conditions.