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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 11, 2008, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) by the Daegu District Court, and on August 11, 2009, issued a summary order of KRW 2 million by the same court as the same crime.
[2] In addition, Defendant 1 driven a B-hand car in the state of being drunk with approximately 0.125% alcohol concentration at the section of about 1km from August 9, 2017 to the front road of the merchants' Bosung apartment complex located in the same Gu, which is located in the Dowon-gu, Daegu-gu, Daegu-gu, Seoul-gu, Seoul-si, about August 9, 2017, despite the fact that there were two penalties for violating the prohibition of drinking driving regulations as above.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the results of crackdown on driving alcohol and a statement in the circumstances of the driver involved in driving alcohol;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2009Da14488, Apr. 1, 201; Supreme Court Decision 2009Da1248, Apr. 2, 2008)
1. Article 62(1) of the Criminal Act on the suspension of execution (including the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;