도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 5, 2007, the Defendant received a summary order of KRW 2,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from a water source method source, and a summary order of KRW 2 million as a fine by the same court on July 24, 2013.
Although there was a history of punishment for driving under drinking more than twice as above, the Defendant driven a B-to-purd vehicle with approximately 0.133% of alcohol concentration in blood at the section of about 500 meters from March 18, 2018 to the 1161st road in Sinri-si, Sinri-si, Sinri-si, from March 18, 2018, while under the influence of alcohol at least 0.133% in the section of 50 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver at home;
1. Data from output of drinking alcohol measurement;
1. Criminal records stated in the judgment: Interpellation of inquiry, investigation report (verification report on the record of punishment for drinking driving not less than twice) and application of each summary order text;
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 grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures have served two times a fine due to drinking alcohol driving in the past, and thus, they again committed the instant crime, so the Defendant is punished by imprisonment, but the Defendant shows an attitude against himself/herself, and the Defendant is the most supported by his/her wife and child, etc., shall be determined as per the disposition, in consideration of all the circumstances, including the following: