도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 29, 2013, the Defendant received a summary order of KRW 500,000 from the Seoul Central District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and on March 12, 2015, a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking) at the Seoul Central District Court.
Nevertheless, around October 9, 2017, around 03:57, the Defendant driven B rocketing car under the influence of alcohol content of about 500 meters from the 500-meter section from the 261 new Y-ro, Yangcheon-gu, Seoul to the new 199th day of Yangcheon-gu, Yangcheon-gu, Seoul to the 0.150% of alcohol level.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver driving a drinking, report on the circumstances of a driver driving a drinking and report on the results of regulating drinking;
1. CCTV;
1. Previous conviction: A reply to inquiry, such as criminal history, report on investigation (verification of the past punishment of the same kind), and application of each summary order Acts and subordinate 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 reason for sentencing under Article 62-2 of the Criminal Act (the selection of punishment, reduction of the amount of punishment, suspension of execution, etc.) is 0.150%, which is relatively high, and both of the previous criminal records of the same kind are punished by a summary order of a fine. Among them, the recent punishment was imposed on the driving of approximately 700m with approximately 0.131% of alcohol in blood, but the punishment was imposed on the driving of approximately 2 years and 6 months again for about 3 months in this case.