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.
Punishment of the crime
On Oct. 20, 2006, the Defendant committed a violation of the Road Traffic Act at the Seoul Central District Court on Oct. 20, 2006, such as imprisonment with prison labor for not less than 10 months and imprisonment with prison labor for not less than 5 months on Jan. 8, 2009.
On January 15, 2017, around 20:55, the Defendant started from the parking lot of 39-lane 22, Seongdong-gu Seoul, Seongdong-gu, Seoul, and driven Cenz GLC220 automobiles under the influence of alcohol content of approximately 0.096% in blood from the 1km section to the road of about 155, Seongdong-gu, Seoul, for reading.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. On-site photographs;
1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same records of the suspect);
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(1) and the main sentence of Article 62-2(2) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc., of Social Service Order, even though the Defendant had already been subject to criminal punishment due to drinking on several occasions, once again commits the instant crime, and thus, the Defendant is
However, the execution of a sentence shall be suspended considering the fact that the defendant reflects the defendant's wrong and there is no record of punishment for about 8 years prior to the instant case, the alcohol concentration in the blood, the defendant's health condition, family relationship, etc.; however, the execution of social service work shall be ordered when the defendant is subject to protection observation so that he/she may not repeat the sentence and be able to do so