도로교통법위반(음주운전)
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On May 25, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Support on May 25, 2007. On November 26, 2012, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.
Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as above, on December 28, 2016, once again, he driven a B-type cruise car under the influence of alcohol content of approximately 0.122% from the 2km section of the 2km-dong, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the front side of the Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 366-2.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A copy of the ledger using a drinking gauge and a statement in the circumstances of the driver concerned;
1. Application of replys to inquiries, such as criminal history, investigation reports (formers and attachment of such judgments) and statutes;
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 punishment as ordered is determined by comprehensively taking account of the following circumstances, including the observation of protection and community service order, the community service order and the order to attend a lecture, the fact that the Defendant committed the instant crime, the criminal punishment records of the Defendant (four times the same type of force), the recognition of and reflects on the crime, the fact that alcohol concentration in blood is considerably significant, the fact that the social relationship is obvious, and the Defendant’s age, sex behavior, the environment, and the background of the crime, etc., at least twice the reasons for sentencing under Article 62-2 of the Criminal Act.