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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 14, 2006, the Defendant was sentenced to imprisonment with prison labor for 6 months, 2 years of suspended execution, and 6 months of January 5, 2010 at the Suwon District Court of Seoul, by committing a violation of the Road Traffic Act.
On March 15, 2017, while under the influence of alcohol level of 0.070% during blood transfusion around 08:10, the Defendant driven a B-wing truck over the section of about 10km from the Dobong-gu Seoul Metropolitan Government “a place for interim treatment of Dowing Food,” to the same Dowing-dong, Dobong-gu, Seoul to the 169 Dowing-ro 56 km.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition, a statement on the occurrence of a traffic accident (C), a report on the detection of a primary driver, a statement on the circumstances of a primary driver, and a witness on the scene of an accident;
1. Investigation report (the application of the above dmark formula);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had been punished several times due to drinking or unlicensed driving in the past, and again commits the instant crime. Considering the fact that the amount of alcohol concentration in blood during the instant crime is relatively high to 0.070% and the occurrence of traffic accidents at the time of the instant crime, a punishment shall be imposed by taking account of favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects the wrongness.