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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 4, 2010, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on Busan District Court on February 14, 2012 to a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on February 14, 201, respectively. On November 30, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on November 30, 201
Although the Defendant had been punished twice or more due to drunk driving, on June 13, 2016, at around 05:40, the Defendant driven the B horse-type car under the influence of alcohol with approximately 10km alcohol concentration of about 0.139% from the front side of the Cloul apartment apartment located in the Gampo-gu Busan Metropolitan City, Seopo-dong to the front side of the Lampo-dong in the same city-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the drinking control;
1. A written request for appraisal;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same kind of crime;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the same Act has a history of having been punished several times for drunk driving, including the suspension of the execution of imprisonment with prison labor; however, there are no particular criminal records other than
1. The main sentence of Article 62 (1) of the Criminal Act (recognition of reasons for discretionary mitigation);
1. Article 62-2 (1) of the Criminal Act regarding community service order;