도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, 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 September 26, 2008, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, on March 11, 2011, a summary order of KRW 1,50,000 for the same crime at the Seoul Central District Court, and on December 21, 201, a summary order of KRW 7,00,000 for a fine of KRW 1,50,000 for the same crime was issued.
On February 18, 2019, under the influence of alcohol level of 0.118% at around 22:58, the Defendant driven a DG80 Nevis-si car from the front of the Jongno-gu Seoul building to the front of Seodaemun-gu Seoul.
As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (Binding copies of summary orders), and application of Acts and subordinate statutes of three copies of summary orders;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act of each order to attend a lecture [unfavorable circumstances] The Defendant, even though he had a history of criminal punishment three times due to drinking driving in the past, was driving under the influence of alcohol.
The level of exploitation is relatively hot.
[Modern circumstances] The defendant is able to not repeat again by breaking his mistake in depth.
No additional damage has occurred.
There is no record of criminal punishment other than the previous one, and there is no record of punishment exceeding the fine.
There is a family member to be supported.