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
[criminal history] On April 3, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court, and on April 2, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) from the Seo-gu District Court Branch of the Daegu District Court.
[2] Although Defendant 1 had been punished on two or more occasions of drinking driving, Defendant 2 driven B-low automobiles under the influence of alcohol leveling 0.098% from the 5km section of blood alcohol level to the front side of the Namwon-si, Seoul Special Metropolitan City on April 1, 2018, at around 11:28, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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 for Reduction of Small Quantity (the fact that the defendant is against his/her will, the fact that the defendant has no record of criminal punishment exceeding a fine, the fact that the defendant does not have any record of criminal punishment, and the circumstances, etc. of the driving of the case in which the defendant drives at the morning on the following day after drinking the preceding day after drinking alcohol;
1. Article 62(1) of the Criminal Act on the suspension of execution (restatement of the aforementioned circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;