도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 4, 2013, the Defendant issued a summary order of KRW 700,000,000 as a fine for violation of Road Traffic Act (drinking driving) at the Busan Southern District Court branch on February 4, 201, and KRW 2 million as a fine at the Seoul Southern District Court on September 11, 2016.
Nevertheless, the Defendant, while under the influence of alcohol content of 0.103% in blood around 01:45 on October 3, 2017, 115-3 opened from the frontway of the gas station in Seoul-ro, Nowon-gu, Seoul to the south-gu, Yangcheon-gu, Seoul to the 4km-ro of new IC in the south-gu, Yangcheon-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The grounds for sentencing under Article 62-2 of the Criminal Act include two times the driving force of drinking alcohol, repeated traffic-related crimes within a relatively short period of time, the degree of drinking alcohol is not weak, and the fact that there is a past record of other crimes that are disadvantageous to the defendant.
However, there are favorable circumstances such as the fact that the wage problem in arrears has not been resolved at the time before the life saving, and the fact that the wage problem has not been corrected economically and against it.
In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age and family environment, the defendant is punished by imprisonment, but the execution of the sentence is suspended on condition of community service.
It is so decided as per Disposition for the above reasons.