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 June 4, 2012, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's wooden branch on June 4, 2012, and on October 22, 2013, issued a summary order of KRW 4 million as the same crime in the same court.
On March 16, 2017, the Defendant driven a B B B mountain-est car in the influence of alcohol level of about 0.074% at approximately 5 km from the front side of the Heung High School located at 43 m, Sinpo-si, Sinpo-si, Sinpo-si, to the front side of the entrance road of the Heungpo High School located at the same Sinsan-ro, Sinpo-si.
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. Inquiries about the results of crackdown on drinking driving;
1. Records of judgment: References to inquiries, such as criminal history, and application of Part II Acts and subordinate statutes of the summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 grounds for sentencing under Article 62-2 of the Criminal Act, including the following: (a) even though the Defendant was punished by a fine due to drinking alcohol driving on two occasions as indicated in the judgment of the court, the Defendant repeated the instant drinking driving; (b) however, the Defendant’s blood alcohol concentration was not higher than 0.074%; and (c) the Defendant reflects the instant crime; and (d) the Defendant’s criminal act was committed, the sentence is determined as indicated in the text.