도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On January 11, 2008, the Defendant received a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act, and on April 1, 2010, the same court received a summary order of 1.5 million won as a fine for a violation of the Road Traffic Act. On August 25, 2011, the same court received a summary order of 4 million won as a fine for a violation of the Road Traffic Act. On November 18, 201, the Defendant had a record of violating Article 44(1) of the Road Traffic Act, such as being sentenced to a fine of 7 million won for a violation of the Road Traffic Act (driving) in the same court at the same time on November 18, 201.
On May 31, 2014, around 00:25, the Defendant driven a Cren motor vehicle under the influence of alcohol with approximately KRW 500 meters alcohol concentration of 0.190% from the front road of the “Seoul AFT” to the front road of the “IFT” in the same Ri.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual condition survey report, each photograph, the report on detection of a host driver, the report on circumstantial statements of a host driver, criminal records, etc., each summary order, each copy of the judgment, each entry in the copy of the judgment, or the application of video-related Acts and subordinate statutes;
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 Act, Article 59 of the Act on Probation, etc. is against the law of probation, community service order, and lecture attendance order (unfavorable circumstances). The suspension of the execution of sentence is against the law of a fine by taking account of the following: (a) the reason for the sentencing of a fine for drinking alcohol driving, (b) the total of four times prior to a fine, (c) the blood alcohol level is considerably high; (d) the occurrence of physical damage by causing a traffic accident during a drunk driving; (e) the fact that a person was punished by a fine for a rare disease at the time of the trial in 2011; and (e) the fact that the person suffered from a rare