도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 July 14, 2010, the Defendant issued a summary order of KRW 3,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on July 14, 201, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 26, 2016.
On November 18, 2016, at around 01:48, the Defendant driven a DNA low-water vehicle with alcohol content of about 0.058% while under the influence of alcohol at a section of approximately 1.5km, as Yongsan-gu Seoul, for about 27-gil, as Yongsan-gu, Yongsan-gu, Seoul.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking account of the Defendant’s age, sex, environment, motive leading to the instant crime, circumstances after the instant crime, etc., as well as the sentencing conditions under Article 51 of the Criminal Act.
O The Defendant has already been punished twice due to drinking, and on May 26, 2016, the Defendant was punished as a crime of violating the Road Traffic Act (drinking) on the road traffic on May 26, 2016, again driven a drinking again for only five months.
O The defendant recognized the crime of this case and divided his mistake, and the drinking volume of the crime of this case is not high.
O There is no record of punishment for the defendant except for the previous records written in the judgment.