도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
On May 30, 201, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on May 30, 201, and a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court on October 8, 2014, respectively.
On August 27, 2017, the Defendant driven B automobiles under the influence of alcohol content of about 0.068% at the distance of about 3km prior to the public tunnel, which is located in the return market parking lot in the Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, Sungwon-si, in a manner of under the influence of alcohol leveling to about 0.068% in front of the public tunnel.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; (b) the motive and circumstances leading to the instant crime; and (c) there are some circumstances that may be taken into account the motive and circumstances leading to the instant crime; and (d) the Defendant has no special criminal history other than those that have been punished three times; and (b) the instant crime means and results; (c) the circumstances after the commission of the crime; (d) the Defendant’s age, sexual behavior, intelligence, environment, etc. and various conditions of sentencing as shown in the pleading