도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Criminal facts
【Criminal Records of Crimes】 On December 9, 2013, the Defendant was sentenced to a fine of KRW 2 million,00,000,000,000 by the Ulsan District Court for a violation of Road Traffic Act (driving) and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Ulsan District Court on December 9, 2015.
(1) On July 19, 2018, the Defendant driven B k5 car under the influence of alcohol content of approximately 0.147% from a 100-meter radius to the front road, from the Do near Ulsan-gu, Nam-gu, Seoul-ro, Ulsan-ro 160-ro, Ulsan-gu, Ulsan-do.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous conviction: Application of an inquiry letter, such as criminal history, and a written summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act is the third drinking driving, and the blood alcohol concentration is high, only one fine due to the criminal history and the crime of injury as indicated in the judgment of the defendant, and the defendant reflects the wrong.