도로교통법위반(음주운전)등
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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 5, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2 million by a fine at the Seoul Western District Court for a crime of violating the Road Traffic Act (drinking driving) on June 9, 2015.
"2016 Highest 8257"
1. Although the Defendant violated Article 44(1)(d) of the Road Traffic Act on at least two occasions on November 7, 2016, the Defendant driven a BSP car under the influence of alcohol content of at least 0.104% during blood transfusion on November 7, 2016, and proceeded with the 5 KK section from the roads in Gyeyang-gu, Incheon Metropolitan City, Gyeyang-gu to the front road of the 5-lane Motor Vehicle Driving Institute, 988, the former funeral.
"2017 Highest 709"
2. Although the Defendant violated Article 44(1)(d) of the Road Traffic Act on at least two occasions, the Defendant driven C’s low-age vehicle under the influence of alcohol concentration of 0.069% in blood without a driver’s license, and driven approximately 40 meters from the front side of the entrance of the Incheon Seo-gu Incheon Metropolitan D Building to the front side of the entrance of the building at around 22:50 on January 7, 2017.
Summary of Evidence
"2016 Highest 8257" and "2017 Highest 709"
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver involved in driving:
1. Inquiries into the results of crackdown on driving under drinking;
1. The ledger of driver's licenses of motor vehicles (2017 high-class 709);
1. A previous conviction: A reply to inquiry, a report on the result of confirmation before and after the previous conviction of the disposition, and a copy of the summary order attached thereto, a criminal investigation report (a report on the confirmation of the case attached to the summary order and the continuous trial) and a copy of the summary order attached thereto;
1. Relevant provisions of the Act and the choice of punishment for the crime, and Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act (Appointment of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;
1. Article 62(1) of the Criminal Act (the following sentencing) shall be suspended.