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
[criminal history] On April 13, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and a summary order of KRW 3 million for the same crime, etc. on July 8, 2016 at the Jung-gu District Court Goyang Branch, which was issued by the Defendant, respectively.
[2] On May 17, 2017, Defendant 1, who had driven two times of alcohol, once again driven B, while under the influence of alcohol with approximately 0.177% of alcohol concentration in the 1km section of approximately 1km from the front side of the Yanyang-gu, Seoyang-gu, Soyang-gu to the front side of the Ganyang-gu, Soyang-gu, Suyang-gu, Suyang-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. To inquire about the details of alcohol appraisal and the results of crackdown on drinking driving during blood (the net 16);
1. A traffic accident report;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);
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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol from 2010 to the instant crime.
The alcohol concentration in blood is very high.
However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.
On the other hand, the driver has been driving a vehicle with relatively low risk.
In addition, the punishment shall be determined as ordered in consideration of the motive of the crime, driving distance, and all of the sentencing conditions identified in the records of this case and the trial process.