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 of the final judgment.
Punishment of the crime
[criminal power] On December 23, 2009, the defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Gwangju District Court's net support on December 23, 2009; on January 29, 2010, a fine of KRW 700,000 for a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's branch office; and on January 29, 2010, the defendant received a summary order of KRW 700,000 for a crime of violation of the Road Traffic Act (driving).
【Criminal Facts】
On July 28, 2014, at around 22:55, the Defendant driven a D Eccoo motor vehicle under the influence of alcohol concentration of approximately 0.107% from the front of the Samsung Electronic Service Center, which is located in the Ordinance-dong of Samsungcheon-si, to the front of the Hodong in the same city-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (where such records are confirmed, copies of judgment, etc.);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. It is so decided as per Disposition, in view of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order, despite the fact that the Defendant had been punished five times due to drinking alcohol driving, and even if he/she had the record of committing the instant crime; (b) it is against the law; (c) it is not subject to punishment exceeding the fine due to drinking alcohol driving