beta
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
On June 2, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating road traffic laws at the Ulsan District Court on June 2, 2009, and a fine of KRW 2 million for the same crime at the same court on January 28, 2014.
On January 12, 2017, at around 21:03, the Defendant driven BNp vehicles with approximately approximately 50 meters alcohol content of around 0.122% in blood while under the influence of alcohol in front of the non-exclusive restaurant located in the Nam-gu Seoul Metropolitan City, Ulsan-gu, and the front of the “ear” restaurant located in the same seat.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act on the reduction of weight is high in alcohol concentration among the blood of this case, and the defendant was sentenced to a fine for the crime of violating the Road Traffic Act (driving) in addition to the previous conviction in the judgment of the court below, and the crime of violating the Road Traffic Act was committed during the 2000 year. At the same time, the defendant at the time of the crime of opening a place for gambling, violation of the National Sports Promotion Act (reburial, etc.), and was under suspension of the execution of imprisonment, the defendant did not know of the fact that he did not appear in the court even after being served on the person at his domicile at the domicile of the second date, the second date of the indictment of this case, the second date of the indictment of this case was not present at the court, and the subsequent date was not present at all on the trial date, the punishment shall be determined as per Disposition.