도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 20, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on November 20, 2015, and was issued a summary order of KRW 2 million for the same crime on June 30, 2016.
[Criminal facts] On June 4, 2017, around 23:51, the Defendant driven a Berc-cr cruise car under the influence of alcohol concentration of approximately 0.214% from the 1km section from Sinsi-dong, Sinsi-gu to Sinsi-gu, 345.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts, the choice of imprisonment (any unfavorable circumstances, such as the fact that the blood alcohol concentration reaches 0.214% at the time of the instant crime, and that the Defendant has been punished twice for the same kind of crime, etc.);
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (the consideration given in favor of the defendant, such as the fact that the defendant acknowledges his/her mistake and reflects his/her mistake, and that the defendant has no criminal history exceeding the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;