도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 30, 2013, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) at the Seoul Northern District Court (Seoul Northern District Court). On August 4, 2017, the Defendant issued a summary order of KRW 1.5 million for the same crime at the Seoul East District Court.
On June 7, 2017, around 06:35, the Defendant driven a BM6 car under the influence of alcohol content of 0.195% in blood, from the street of 33 Do-ro 78-gil, Seongbuk-gu, Seoul, Seoul to the front road of the Sinri-si 232-12 BM6 car under the influence of alcohol content of 0.195% in front of the side of the Sinri-si, Gyeonggi-do.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of crackdown on driving drinking;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The accused has been punished several times for the same crime even before the reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.
In particular, despite the fact that he was found to have been driving on May 15, 2017, the crime was committed under the influence of 0.195% alcohol concentration in the blood during two months.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.