도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for 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 June 4, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on June 4, 2015, a summary order of KRW 2 million for the same crime from the Port Branch of the Daegu District Court.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on June 16, 2018, the Defendant 22:32 driven a sports cargo vehicle Bcoin from approximately 20 meters to the front day of the 55-day 55-day Haak-gu Haak-gu, Paris-ro 132 with alcohol level 0.152% under the influence of alcohol level in the influence of alcohol level during the blood transfusion around 22:32, Jun. 16, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the driver involved and response to a request for appraisal;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of an alternative imprisonment with prison labor (with the previous record of punishment twice due to driving under drinking, again leading to the instant crime, taking into account the fact that the numerical value of alcohol level among the blood transfusion of this case is relatively high);
1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 2009Da144
1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);
1. An order to attend a course under Article 62-2 of the Criminal Act;