도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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 November 30, 2009, the Defendant was sentenced to a summary order of a fine of four million won by a fine for a violation of the Road Traffic Act at the Ulsan District Court on November 30, 2009, and on October 7, 2010, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act.
At around 23:40 on October 6, 2015, the Defendant driven a B new-use motor vehicle with a blood alcohol content of about 100 meters from the section around the 100-meter section to the road near the flazine apartment in the same Ri, in order to ensure that the Defendant driven the B new-use motor vehicle under the influence of alcohol content of about 0.128% from the 100-meter section around the flazine apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the statement in the circumstances of drinking drivers;
1. Previous convictions in judgment: Inquiry letters, investigation reports (Binding of the same kind of case, etc.), court rulings, and copies of summary orders shall apply;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant cannot be exempted from the punishment corresponding to this case in light of the following facts: (a) the Defendant, including the previous conviction of Article 62-2 of the Criminal Act, committed the instant crime without being able to commit the instant crime, even though he/she had a total of five times of drinking (three times of his/her imprisonment with a without a license) even though he/she had a record of punishment for driving
However, as before and after the judgment, there has been no criminal records for about five years since the last punishment in 2010, and there have been no criminal records other than the above five-time punishment records, and there are no other criminal records other than the above-mentioned five-time punishment records, and all the sentencing conditions, such as the defendant's age, character and behavior, environment, etc., shall be determined by the order.