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
[criminal history] On November 28, 2007, the Defendant was notified of a fine of KRW 1,50,000 as a crime of road traffic law (driving) at the Daegu District Court. On July 30, 2014, the Defendant was notified of a fine of KRW 2,00,000 as the same crime.
[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) operated a CW car on December 15, 2016, under the influence of alcohol concentration of approximately 0.061% from the 2km section to the front road of the Daegu-gu, Daegu-ro, Seoul-ro, 274 around December 15, 2016, under the influence of alcohol concentration of approximately 0.061% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver in charge of drinking and notification of the result of crackdown on drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age