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
[criminal history] The Defendant has a record of having received a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on July 4, 2014, and a summary order of KRW 700,000 for the same crime in the same court on March 17, 2011.
[2] On April 7, 2016, around 01:10, the Defendant driven a B-Adi vehicle while under the influence of alcohol content 0.116% in alcohol, from around 3km to the front road of the e1 gas charging station in the Hanam-si, Gangdong-gu Seoul Metropolitan Government.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. A report on the detection of a primary driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);
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 (i.e., reflectiveness and absence of criminal records exceeding the fine, etc.);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;