도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence 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 May 23, 2008, the Defendant received a summary order of KRW 1 million from the Seoul Northern District Court on the grounds of a violation of road traffic laws (drinking) and a fine of KRW 1.5 million from the same court on June 19, 2008 due to a violation of road traffic laws (drinking).
[Criminal facts] On September 3, 2015, around 07:16, the Defendant driven a Cpoter 2 truck under the influence of alcohol leveling to 0.089% of alcohol leveling from approximately 15 km to the roads in front of the Nowon-gu Seoul Special Metropolitan City Nowon-gu, Haak-dong 1, Hansan, Sinsan-dong.
Accordingly, the Defendant, who was punished twice or more due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., reflectability, the fact that there is no criminal conviction or heavier than a suspended sentence, the degree of alcohol in blood, etc.);
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;