도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 3, 2008, the Defendant received a summary order of KRW 500,000,000 from the Daejeon District Court Branch of the Daejeon District Court to a fine for a violation of road traffic laws (drinking driving), and on September 23, 2016, the same court issued a summary order of KRW 3 million as a fine for the same crime.
On June 23, 2018, the Defendant driven BMW520 automobiles under the influence of alcohol concentration of approximately 0.085% in blood on the 2km section from the front line of Dom Dom-gu, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, 610-8 Domsan-do, at around 05:10 on June 23, 2018.
As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle under the influence of alcohol again in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant re-offending the same record despite having been punished as the same kind of force; (b) the time gap between the past record and the instant crime; (c) the alcohol content in this recommendation; and (d) the current reflects the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the instant crime; and (c) the sentence identical to the order shall be determined by taking into account the following factors: