도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On March 20, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court, on October 1, 2014, sentenced to a suspended sentence of KRW 2 years for the same crime on October 1, 2014. On January 29, 2015, the Seoul Western District Court sentenced the Defendant to a suspended sentence of KRW 1.1 million for a crime of violating the Road Traffic Act (drinking driving) and a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on December 6, 2015.
On November 29, 2017, the Defendant driven B QM5 car under the influence of alcohol content of about 100 meters at approximately 0.084% from around 100 meters to the front road of convenience stores in the same monthly World Cup from the Do near the Donsan Donsan Donsan-dong, Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Report on the circumstances of driving under the liquor:
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);
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 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances favorable to sentencing) of the Act on Reduction of Small Quantity is that the defendant had been punished several times due to drinking driving, and that he/she again committed the instant crime during the period of repeated offense due to the same criminal record, is disadvantageous to the defendant.
However, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected his mistake, the sentencing conditions in the process of the trial of this case, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, etc., shall be determined in full view of all of the sentencing conditions in the process of the trial of this case.