도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] The Defendant was issued a summary order of a fine not exceeding 4.5 million won in the same court as the crime of violating the Road Traffic Act on May 30, 2014, for the crime of violating the Road Traffic Act in Gwangju District Court's net support, and the crime of violating the Road Traffic Act on July 14, 2014, etc.
[Criminal facts] On November 27, 2015, the Defendant driven B car under the influence of alcohol content of about 0.188% at a distance of about 100 meters from the front road of the mutual influorial drinking house to the front road of the same Song Apartment apartment in the light-si city around 21:45 on November 27, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver driving a drinking, confirmation of the measurement of drinking, and a statement of the details of regulating drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the previous history thereof);
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 instant crime with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, such as the fact that a person drives drinking again even though he/she had been punished twice due to drinking driving, and the quality of such crime is not good, and that the blood alcohol concentration is very high.
However, in light of the circumstances favorable to the defendant, such as the confession and reflection of the crime of this case, the fact that the defendant has no record of punishment heavier than the suspension of execution, etc., and the sentencing conditions as shown in the records, such as the age, sex, and circumstances after the crime, the punishment shall be determined as ordered.