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 June 13, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on November 20, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on November 20, 2008, and on November 26, 201, the Seoul Eastern District Court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.
On June 20, 2017, around 06:10, the Defendant driven a Bbee cruise car under the influence of alcohol content of about 0.128% from the 1km section of approximately 1km to the front road of the 198 U.S. Station in Gangseo-gu, Seoul, Gangnam-gu, Seoul, to the 61 Dobong-ro Dobong-ro 198.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report (1) (2), a statement of the circumstances of the driver at home, and a report on the detection of the driver at home;
1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 Social Service Order Criminal Act, even though the defendant had been punished for a fine on three occasions due to drinking driving in the past, and again commits the instant crime, considering the fact that the amount of alcohol concentration in blood during the instant crime is very high at the time of the instant crime, and the occurrence of traffic accidents at the time of the instant crime, unfavorable circumstances such as the Defendant’s acknowledgement of the instant crime and mistake are against the Defendant, and the Defendant’s punishment is determined by considering favorable circumstances such as the Defendant’s absence of any special criminal record other than the punishment imposed due to drinking driving in the past.