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
On June 2, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Seoul Northern District Court, and a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Seoul Southern District Court on June 26, 2015.
On June 15, 2018, the Defendant, while under the influence of alcohol of 0.121% during blood around 03:40 on June 15, 2018, driven a Bbenz car at approximately 500 meters away from the 225 Mai-ro, Songpa-gu, Seoul, to the 16 Mari-ro 16 Mari-ro 44.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The grounds for the sentencing of Article 62-2(1) of the Criminal Act on orders to provide community service and attend lectures are as follows: (a) a dangerous offender who is likely to cause unexpected behavior not only his/her own but also another person’s life and home by raising the possibility of traffic accident; (b) a defendant has been punished twice due to drinking; (c) a defendant has no record of being punished by a fine on a two-time basis due to drinking; and (d) a defendant has no record of being punished by a suspended sentence or more; and (c) the sentencing conditions in the trial process