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.
Criminal facts
On August 31, 2015, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of four million won for a crime of violating the Road Traffic Act at the Changwon District Court on October 23, 2015. < Amended by Act No. 13583, Oct. 23, 2015>
On December 29, 2017, at around 03:10, the Defendant driven a Cspcopic car in the state of alcohol concentration of about 0.187% in the 2km section from the roads adjacent to the U.S. intersection located in the Busan East-dong, Busan-dong to the roads located in the 2km-dong, Busan-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the Defendant has no other criminal records other than the previous conviction in the judgment; and (d) the Defendant determined the same type of punishment as the order, taking into account the following factors: (a) the means and consequence of the instant crime; (b) the circumstances and consequence of the instant crime; (c) the Defendant’s age, sexual conduct, intelligence