도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 31, 2006, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court, and on April 28, 2010, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment with prison labor for the same crime in the same court.
On May 3, 2016, around 05:00, the Defendant driven DMW car at approximately 600 meters away from the front of Dongdaemun-gu Seoul, Seoul to the front of the 12-lane road, with the same section from the front of Dongdaemun-gu, Seoul, and up to the front of the 18-lane 12-lane 3, while under the influence of alcohol concentration of 0.129%.
Therefore, even though the defendant was driven by a motor vehicle while under the influence of alcohol and violated the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order and attachment of judgment) and Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Consideration of the criminal records of the defendant with the reason for sentencing under Article 62 (1) of the Criminal Act and the circumstances leading to the instant driving;