도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 9, 2008, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic laws in support of the Sungnam-gu Office of Friwon on December 9, 2008, and a fine of KRW 3.5 million for a violation of road traffic laws (driving alcohol) in the same court on February 7, 2011.
On July 15, 2017, around 02:09, the Defendant driven a BMW 350d car while under the influence of 0.102% alcohol concentration among blood alcohol level at approximately 3.97km from the section of 3.97km at around the beginning of Gwangju-si to the point of 0.2km in Gwangju-si, Seoul-si, the first day of the JC on the roads located in Gwangju-si, Seoul-si, the second day of which is around 02:14.
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. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal career data, investigation reports (the previous confirmation thereof), and the application of copies of each summary order Acts and subordinate statutes;
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 stay of execution ( normal consideration, such as the fact that the criminal defendant reflects his/her wrongness, and that the criminal defendant has no past record of punishment exceeding the fine);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;