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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 14, 2008, the Defendant was sentenced to a fine of KRW 700,000 to a fine for a violation of road traffic law (dacting driving), and a fine of KRW 2 million in the same court on February 13, 2009 to a fine for a violation of road traffic law (dacting driving).
[Criminal facts] On September 1, 2017, the Defendant driven Bi30 automobiles while under the influence of alcohol content of about 0.123% at approximately 70 meters from the 700-meter section from the roads where the wife population flusium overlaps with each other located in the Sinpo-si, Busan Metropolitan City to the roads front of the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at the main place of business, and statement of alcohol concentration in the blood;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation report);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. Prosecutor’s opinion - One year of imprisonment;
2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.
However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the crime exceeding the fine, and the punishment shall be determined by taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the execution of the punishment shall be suspended.