도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
On December 28, 2010, the Defendant issued, at the Ulsan District Court, a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act; on May 16, 201, the same court issued a summary order of KRW 3.5 million as a fine for the same crime; on May 24, 2012, the Daegu District Court issued a summary order of KRW 5 million as a fine for the same crime.
On May 23, 2017, the Defendant drives the said car under the influence of alcohol again, while under the influence of alcohol, from around 21:30 on May 23, 2017 to around 4.38 km at approximately 0.195% of alcohol content among blood while under the influence of alcohol at approximately 4.38 km from the front side of the Docheon Gacheon-gu, Ulsan-gu to the Dongcheon-dong, Ulsan-dong, Seoul-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 12) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act [ though the liability for the crime is not minor in light of various circumstances, such as repetition of the crime of the same kind, risk of repeating the crime, and the drinking volume (0.195%) under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity, the fact that there is no record of the same suspension of execution or higher, or that there is no record of the same suspension of execution or accident, and other circumstances, such as the background of the crime
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;