도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 27, 2006, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking), etc. on November 23, 2006 by the Ulsan District Court. On November 23, 2006, the Defendant was sentenced to imprisonment with prison labor for 10 months and 3 years of suspended execution due to the same crime in the same court. On August 9, 2007, the Defendant was sentenced to a fine of KRW 5 million due to the same crime, etc. at the Seoul District Court.
On February 1, 2017, the Defendant driven B benz automobiles with approximately 150 meters alcohol content 0.169% in blood from the section of approximately 150 meters from the 34-ro, Nam-gu, Ulsan-gu, Ulsan-do, 106, to the neighboring area of the Dong-dong, Nam-gu, Seoul-gu, Seoul-do.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 24) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (Article 55(1)3 of the same Act (Article 53 of the same Act, including suspension of the execution of the same kind of crime, the risk of repeating a crime, and the degree of drinking alcohol up to 0.169%) are not less than the liability for the crime, but rather than the case involving time interval or traffic accidents with the same criminal record, other circumstances such as the details of the crime committed in the records and pleadings, and the degree of reflect attitude);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;