도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On May 19, 2011, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of road traffic law at the Seoul Southern District Court, and on April 24, 2014, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Seoul Southern District Court.
Although the Defendant had a two-time drinking driving force as above, around 02:50 on September 27, 2016, the Defendant driven D-Wz car under the influence of alcohol content of about 0.172% at a section of about 150 meters from the 9rd-ro, Yongsan-gu, Seoul, Bog-ro, 60-gil-ro, to the 184-ro, East-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Records of driving under the judgment: Application of a written inquiry about criminal history and other Acts and subordinate statutes;
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. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (a favorable condition for sentencing) of the Act on the Mitigation of Small Quantity, the Defendant, even though already had been punished twice due to drinking driving, once again drives under the influence of alcohol, and the Defendant again drives under the influence of alcohol on April 23, 2015, without being aware of the fact that he was sentenced to a two-month period after being sentenced to a two-year period for the suspension of execution on April 23, 2015.
However, the above punishment shall be determined in consideration of the fact that the defendant's wrong behaviors and again makes the defendant not to drive drinking, etc.