도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 3, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act at the Incheon District Court, and on October 6, 2008, by the Incheon District Court, a summary order of 1.5 million won by a fine for a crime of violating the Road Traffic Act.
On February 9, 2018, at around 23:20, the Defendant driven a B ice car under the influence of alcohol content of about 0.092% from around 30 meters to the front road of the “Saman History Museum of the Saman History,” located at 121-ro, Seo-gu, Incheon, Seo-gu, Incheon.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;
1. References to inquiries, such as criminal history, and application of the Act on Report of Investigation;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has the record of being issued a summary order (the amount of fine of 1.5 million won, the amount of alcohol in each blood transfusion is 0.105%, 0.098%) on two occasions due to the Defendant’s violation of the Road Traffic Act (driving driving) around 2008. Meanwhile, the Defendant reflects the instant crime, the Defendant’s blood alcohol content (0.092%) during blood transfusion concentration (0.092%) and other conditions of the sentencing as shown in the instant records and the trial process, including the Defendant’s age, sexual behavior, environment, motive, process, means and method of the instant crime, and circumstances after the crime, etc., shall be determined as the same sentence as the order.