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 June 7, 2011, the Defendant issued a summary order of fines of three million won for the crime of violating the Road Traffic Act at the Gwangju District Court, and on November 13, 2012, a summary order of five million won for the same crime, etc. in the Gwangju District Court’s net support.
On August 21, 2017, the Defendant driven a B-te motor vehicle at the 2km section from around 29 km to the point of 29 km in the Gunju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2011 and 2012 due to driving under drinking, and the Defendant had a high alcohol concentration in blood, etc.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.