도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Criminal facts
On March 5, 2009, the Defendant was sentenced to a fine of KRW 10 million due to a violation of the Road Traffic Act (drinking), etc. in the support for the development of a water source method, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act in the same court on September 13, 2013, and was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act on at least two occasions.
On January 22, 2017, around 13:15, the Defendant driven Dworka car in the state of alcohol with approximately 2 km alcohol concentration of about 0.062% from the 2km section from the front of the member-gu, Ansan-si to the 848-ro, Ansan-si, a member’s loan.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (Attachment to such previous decisions, etc.);
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 grounds for sentencing under Article 62-2 of the Social Service Order Act, the Defendant’s age, sexual conduct, environment, background leading up to the instant crime, means and result, circumstances after the instant crime, the number of similar cases, and other various conditions of sentencing specified in the instant argument are considered. In particular, the following circumstances should be considered: (a) more favorable circumstances: (b) the Defendant committed the instant crime even though he/she had been punished for the same kind of crime; (c) more favorable circumstances that are favorable in light of the fact that the Defendant committed the instant crime: (a) the confession of the instant crime; (d) his/her mistake was recognized; and (e) the blood alcohol content was low.