도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 March 21, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court on March 21, 2007, and on October 8, 2008, was sentenced to a fine of one million won for the same crime at the Jung-gu District Court on October 8, 2008, two previous criminal records of the same kind.
On February 2, 2017, around 22:25, the Defendant driven a B son under the influence of alcohol with approximately 200 meters alcohol concentration of 0.119% from the section of approximately 200 meters in the middle-gu, Seoul to the lower limit of the fluoral area located in 571 in the same Gu-ro, Yongsan-gu, Seoul.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol again.
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 a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had been punished for a fine twice due to drinking in the past, and again commits the instant crime, considering unfavorable circumstances, such as the Defendant’s blood alcohol concentration at the time of the instant crime, which is highly high to 0.119%, and the Defendant recognized the instant crime and made a mistake against the Defendant, the Defendant did not have any particular criminal record other than the punishment for a fine due to drinking driving, and there is a family member to support the Defendant.