도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
[criminal power] On February 16, 2010, the Defendant issued a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Busan District Court on March 7, 201, and a summary order of 4 million won for the same crime at the same court on March 7, 2011, respectively. On July 20, 201, the Defendant was a person who had been sentenced to a suspended sentence of 1 year for 4 months of imprisonment for the same crime at the same court on July 20, 201.
【Criminal Facts】
On April 17, 2015, the Defendant was under the influence of alcohol with 0.15% of blood alcohol concentration around 20:45 on April 17, 2015, and was driving a B low-est car from around 5km to the front road of the city, from the road near Busan-gu, Busan-do to the road in the same city, from the road in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;
1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. In light of the fact that the Defendant, who had been sentenced to suspended sentence for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation, drives the instant drinking and the blood alcohol concentration high, etc., the Defendant should be strictly punished.
However, the fact that there is no other special criminal records except for those subject to punishment three times for the same crime, and that the depth is against the will be considered as favorable circumstances, and the judgment is judged as ordered by considering the age, character, character, environment, etc. of the defendant comprehensively.