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 November 27, 2012, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (driving) at the Seoul Southern District Court, and KRW 3 million as a fine for the same crime at the Seoul Western District Court on September 17, 2013.
On October 21, 2016, the Defendant driven a Bluen vehicle under the influence of alcohol concentration of about 0.087% from the 500-meter section to the new IC road located in Seoyang-gu Seoul Metropolitan City 256-13, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City around 23:20 on October 21, 2016, while driving a Bluen vehicle under the influence of alcohol concentration of about 500 meters.
As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, but driven a motor vehicle under the influence of alcohol.
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the same criminal record and confirmation of the suspect);
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. In full view of the following factors: (a) the Defendant’s confession, alcohol level, the record of punishment for traffic crimes (two times of drinking driving, and one time of unlicensed driving), the temporal gap between the immediately preceding detection work, and the fact that there was no history of punishment exceeding the fine; (b) the Defendant’s age, sex, sex, environment, occupation and experience, family relationship, details of the crime, and circumstances after the crime, etc., the punishment is determined as ordered by the order.