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
[criminal power] On October 3, 2002, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Ulsan District Court on April 5, 2007, a summary order of 1.5 million won or more for a violation of the Road Traffic Act at the Ulsan District Court on April 5, 2007, and a summary order of one million won or more for a violation of the Road Traffic Act at the Ulsan District Court on June 10, 2009, respectively.
【Criminal Facts】
On October 3, 2015, at around 07:29, the Defendant driven a B B B B-T car with a blood alcohol concentration of about 300 meters from the 1st century of Ulsan-gu to the Rool Industrial tower of the same Gu from around 300 meters.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the oral statement of a drinking driver, and inquiry into the results of the drinking control;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.);
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. Probation and community service order Article 62-2 of the Criminal Act, even though many people of the same kind of experience in sentencing and repeating drinking again, Defendant should be punished strictly. However, the fact that mistake is recognized and contradictory, and all of the sentencing conditions shown in the records, such as Defendant’s age, character and conduct, family environment, etc., shall be determined as ordered by taking into account the following factors.