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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 21, 201, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million by the Jeonju District Court for a crime of violating the Road Traffic Act on October 14, 2014, respectively.
Although the Defendant was punished twice or more due to drinking, on June 17, 2017, at around 23:40, the Defendant driven a motor vehicle with C low alcohol level with about 0.172% alcohol level in the 1km section from the front side of the “free world” road located in the Jinsan-gu, Seoul Special Metropolitan City on the front side of the “free world” road in the same Gu from the front side to the roads adjacent to the West in the same Seo-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. References to inquiries, such as criminal history, investigation reports (verification of the same kind of force), Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act regarding facts constituting an offense subject to the summary order, and selection of punishment for an selective punishment; Article 148-2 (1) 1 and 144 of the Road Traffic Act;
1. To observe Article 53 and Article 55(1)3 of the Act on the Punishment of Violences, etc., the following circumstances are considered: (a) Defendant, on the grounds of sentencing under Article 62(1) and Article 62-2 of the Criminal Act; (b) has already been punished by a fine on several occasions due to drinking, etc.; and (c) Defendant, on November 11, 2015, committed the instant crime on the grounds that he/she was sentenced to the suspension of execution for six months after he/she was sentenced to the suspension of execution for two months on the grounds of violation of the Punishment of Violences, etc. Act (joint intimidation), and committed the instant crime on the grounds that he/she was sentenced to the suspension of execution for two months after the suspension of execution was completed; and (d) the Defendant’s age and occupation, living environment, and alcohol density during blood and driving distance during the suspension of sentence;