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 September 17, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Suwon District Court on September 17, 201, and a summary order of KRW 1.5 million for the same crime in the same court on May 11, 2012, respectively.
Although the Defendant had been punished for driving alcohol as above two times, he again driven a B-hurged vehicle under the influence of alcohol of about 0.051% (%) during the 15km section from the 15km-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong around 13:59 on July 6, 2016.
In addition, on July 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.161% (%) with approximately 100 meters in front of the apartment house 3 complex, which is located in the area of 04:50 square meters of Gyeonggi-si in the middle of the apartment 100-day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the circumstances of driving each week;
1. Notification of the results of regulating driving of alcohol;
1. Inquiries about the results of crackdown on driving alcohol;
1. All on-site photographs;
1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions of the disposition and reporting of the results thereof, and applying the statutes governing summary orders;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Protection observation and community service order Article 62-2 of the Criminal Act, grounds for sentencing under Article 59 of the Act on the Observation, etc. of Protection (determination on the application of sentencing guidelines) - Main grounds for sentencing: It shall be determined as per Disposition for the reasons above, such as the record of criminal facts and the background, period, frequency, etc. of the principal offense.