도로교통법위반(음주운전)
The punishment of the accused shall be eight months by imprisonment.
Punishment of the crime
On February 14, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million for the same crime in the same court on October 27, 2011. On May 11, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for the same crime, etc. in the same court on May 11, 2012. On February 3, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime, etc. on April 4, 201.
On August 29, 2018, at around 18:52, the Defendant, at the C cafeteria parking lot located in Seocho-gu Seoul Metropolitan Government Seocho-gu, driven a e-mail car while under the influence of alcohol with approximately 0.204% of the blood alcohol concentration from around 3m of the Seocho-gu Seoul Metropolitan Government D side road.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs of the scene of accidents;
1. Criminal records, inquiry reports, each summary order, and the application of Acts and subordinate statutes on judgment;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;