도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor 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
The Defendant, at the Changwon District Court on April 6, 2009, committed a violation of the Road Traffic Act (drinking driving), is a person who violated a summary order of KRW 2 million, and on November 29, 2010, by receiving a fine of KRW 2.5 million from the same court to a summary order of KRW 2.5 million for the same offense, etc., on two or more occasions.
On December 6, 2017, at around 10:33, the Defendant driven a vehicle with low alcohol level of about 0.224% in blood while under the influence of alcohol from the Defendant’s residence located in Jeju-si B to the same 98-ro. In the same manner, the Defendant driven a vehicle with low alcohol level of about 5km in the section of 5km.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written appraisal of alcohol concentration in the blood;
1. A report on detection of a primary driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and criminal records exceeding fines) of the mitigated amount;
1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);
1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;