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
【Criminal Force of Crimes】 On June 11, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) from the Incheon District Court’s Branch Branch, and on July 15, 2013, the Seoul Southern District Court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking) at the Seoul Southern District Court.
【Criminal fact-finding on October 4, 2017, the Defendant driven a car with approximately three-meter distance from around 60 to the 59-ro of Gangseo-gu Seoul Northern-ro around 00:08 at around October 4, 2017, under the influence of alcohol content 0.123% during blood.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;
1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the disposition of the same kind of crime as the suspect);
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. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant committed the instant crime even though he/she had been subject to punishment twice or more due to drinking driving; (b) the alcohol concentration in blood is relatively high by 0.123%; (c) the Defendant’s mistake is against himself/herself; (d) there is no penalty imposed in excess of the fine; and (e) the short driving distance is less convenient; and (e) the sentence like the order is determined by taking account of various conditions for sentencing specified in the instant pleadings.