도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On October 25, 2010, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violating the Road Traffic Act (drinking driving), and KRW 2 million by the Seoul Western District Court on May 27, 201 as a crime of violating the Road Traffic Act (drinking driving), respectively.
On March 28, 2018, around 23:36, the Defendant driven Bho-man car in the state of under the influence of alcohol content of about 0.224% from a section of about 3km from the roads near the 396 Gangnam Station, the Seocho-gu Seoul Metropolitan Government, to the Samsung Electronic Road located in 74-gil 11, as the beginning of the same Gu.
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 the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);
1. Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of relationship between the previous conviction and the driving of drinking), and statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognizes and reflects the crime, and that it is a simple drinking driving crime.
On the other hand, the crime of drinking driving is a crime that may cause serious harm to the life and body of others as well as himself/herself, and thus requires strict punishment, and the defendant has a record of being punished twice due to drinking driving, and the drinking value is considerably high.
In addition to these various circumstances, the sentencing conditions, including the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, are determined as per the order.