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 Records of Crimes】 On July 24, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court, and a summary order of KRW 3.5 million for the same crime at the same court on August 29, 2012.
【Criminal facts” around March 5, 2018, the Defendant driven a Bland 1.5km-distance road located in Heung-gu, Soak-gu, Chungcheongnam-gu, Cheongju-si with approximately 0.152m alcohol concentration in blood. The Defendant driven a Bland kyman-si under the influence of alcohol content at 0.152%.
Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order), and a copy of each summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:
At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was significantly high, the defendant confessions that he had been punished twice due to driving under the previous alcohol and reflects that he had no record of punishment more than the suspension of execution.