도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 October 14, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court. On June 29, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act. On January 4, 2016, the Seoul Southern District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the same court.
On March 8, 2017, around 11:30, the Defendant driven B K5 cars while under the influence of alcohol content of about 0.089% at the 5km section of Yeongdeungpo-gu Seoul Metropolitan Government from March 8, 2017 to the front road of the private distance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, inspection report on actual condition, and photographs related to traffic accidents;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, reporting on the result of investigation (a copy of the summary order), and reporting on investigation (a copy of the previous summary order and the summary order attached thereto) by the statutes;
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. Taking into account the following factors: (a) protection and observation; (b) community service order; and (c) order to attend a lecture four times for sentencing under Article 62-2 of the Criminal Act; (c) the fact that a majority of criminal offenders committed the instant crime; (d) alcohol concentration in blood; (c) traffic accidents in drinking; (d) driving history; and (e) driving distance.