도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On August 26, 2013, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Northern District Court for a crime of violation of road traffic law (driving), and on January 23, 2014, the Defendant was sentenced to a fine of KRW 5 million by the Seoul Central District Court for a crime of violation of road traffic law (driving).
[2] On August 4, 2017, the Defendant was under the influence of alcohol content of 0.134% in blood around 02:21, the Defendant driven a mixed-type vehicle B from around 20 meters in the section of approximately 110 meters to around 16:10 roads in Gangnam-gu, Gangnam-gu, Seoul, as Gangnam-gu, 110-ro, Gangnam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking, and the result of measuring the suspect drinking;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
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 crime of this case on the ground of sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture is suspected of the defendant's opening situation, even though the defendant had been punished three times for the same crime.
However, the defendant is not able to repeat the same crime with his depth.
In consideration of the fact that the defendant's age, sex, occupation, background of the crime, drinking volume, driving distance, and circumstances after the crime, etc., the punishment as ordered shall be determined in the light of the defendant's age, sex, occupation, circumstances of the crime, drinking distance, etc.