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 28, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Southern District Court on November 28, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act at the same court on February 29, 2008.
On June 30, 2012, at around 22:33, the Defendant driven B B B-bea car under the influence of alcohol concentration of about 0.137% at a section of about 300 meters from the front of a restaurant at the Green-dong Seoul Metropolitan Government Green-dong, to the front of the same Kuamamamamamamb.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the state of his/her oral statement from a host driver;
1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes after inquiry and the control of drinking driving;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. is that the defendant has already been punished two times due to the violation of the Road Traffic Act, and again drives under the influence of drinking again, the defendant's strict punishment is highly needed. However, the defendant's mispercing and reflecting his/her mistake in depth, the driving distance has not been much long, the defendant has no criminal power over suspended execution, and the defendant has no other criminal power over suspended execution, and the defendant's age, family, character and behavior, and environment are determined as ordered by the order, comprehensively taking into account various sentencing conditions