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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 13, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on March 13, 2015, and issued a summary order of KRW 1.5 million for the same crime at the same court on March 16, 2016.
On May 11, 2017, the Defendant driven a B-learning car with approximately 200 meters alcohol concentration of about 0.112% from the 200-meter section to the front road of Ulsan apartment site 2nd, which is located in the north-gu, Ulsan-gu, Ulsan-do. B-learning car under the influence of alcohol content of about 0.12% from the 200-meter section of blood to the front road.
As a result, the Defendant once again driven a motor vehicle under the influence of alcohol in violation of the prohibition of driving under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
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. Reduction of a small amount (referring to the advantageous part of the reasons for sentencing as follows) under Articles 53 and 55(1)3 of the Criminal Act
1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and the depth are reflected, the driving of drinking does not lead to an accident, and the fact that there is no additional same force other than the previous conviction in the judgment;
1. Unfavorable circumstances: The fact that alcohol content in blood is considerably high, the fact that a person continues to drive alcohol despite repeated punishment, and the fact that he/she is absent on the date of declaration notified;