도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
On November 18, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking) in the Gwangju District Court’s Seoul District Court’s support on November 18, 2010, and a fine of KRW 3 million as a crime of violation of road traffic law (drinking) in the same court on April 26, 2012.
On October 19, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.11% at a distance of about 500 meters from the 5th day to the front distance of an elementary school of the same Eup/Myeon from the 5th day to the 500th day to the 500th day to the 500th day to the Southern Jinjin-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report accompanied by a copy of a summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The defendant recognized his mistake and reflecteds his mistake, and the defendant raised four children while working at the restaurant after the divorce.
An unfavorable sentencing element: (a) the same criminal record and two times; (b) the concentration of alcohol in blood is relatively high; and (c) the driving of alcohol increases the risk to the safety of citizens, so there is a high need for strict punishment.