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
[Power of crime] On February 26, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws, and on April 17, 2008, a summary order of KRW 2 million was issued from the Seoul Central District Court to a fine of KRW 2 million for a crime of violating road traffic laws.
[Criminal facts] Although Defendant 1 had been punished twice due to drinking driving as above, Defendant 2 driven BM5 cars at around 08:28, Jun. 20, 2016, under the influence of alcohol with approximately 0.126% of alcohol concentration in the 3km section from the 927-2 front of Gangseo-gu Seoul, Gangseo-gu, Seoul to the front parking lot of the 3km-dong 352-17 Postal Apartment 102, Yangcheon-gu, Yangcheon-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site ctv video data screen cd, notification of the results of the crackdown on driving alcohol, the circumstantial report of the driver at the State, the details of the crackdown, and on-site photographs;
1. Previous conviction: To inquire about criminal records and apply each summary order under 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Despite the history of punishment twice for the reason of sentencing under Article 62-2 of the Criminal Act due to the provision of community service order and the order to attend a lecture, the driving of drinking again, the alcohol concentration in blood is relatively high, and circumstances, such as driving circumstances, driving distance, and circumstances after the crime, etc. are considered.