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
On January 30, 2008, the Defendant, at the Busan District Court, received a fine of four million won for a violation of the Road Traffic Act (drinking driving), and received a summary order of three million won or more for the same crime from the Changwon District Court through the Changwon District Court on July 4, 201, and was punished for drinking driving on two or more occasions. However, on December 8, 201, the Defendant driven a C string car, one of its own possession under the influence of alcohol concentration of approximately 50 meters from around 02:25 on December 8, 2016 to the north 51 Doz.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of a summary order of the same criminal history;
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. Article 53 and Article 55(1)3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution (The following consideration shall be repeated for the reasons for sentencing);
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant, as well as his wife and mother, is unable to faithfully support the instant crime, considering the circumstances favorable to the Defendant, such as the time interval between the Defendant and the same kind of crime for which the summary order was issued; (b) the amount of alcohol concentration in blood; and (c) other factors such as the Defendant’s age, sex behavior, environment, motive and background of the crime; and (d) various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc., as stated in the order.