도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for 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
On January 12, 2007, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Branch on January 12, 2007, and a summary order of two million won for the same crime in the above court on November 15, 2010, respectively.
On October 21, 2014, the Defendant, while under the influence of alcohol of 00:55% of blood alcohol content, driven B-L at approximately 2 km section from a restaurant where it is impossible to identify the trade name around the 860 west-ro, west-ro, west-ro, west-ro, Sinsan to the front road of the ASEAN G-ro 123 on the same side, from a restaurant where it is impossible to identify the trade name around the 860-ro, west-ro, west-ro, west-ro.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of the report on the state of driving under the influence of alcohol and the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports on the attachment of identical criminal records and written judgments);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Determination of a sentence of imprisonment on the grounds of sentencing under Article 62-2 of the Criminal Act, taking into account the Defendant’s motive for drinking alcohol driving, repeated history of the violation of the Road Traffic Act, etc., and determination of a sentence within the scope of mitigation of a statutory punishment on one occasion by taking into account favorable circumstances, such as the fact that the Defendant misleads the Defendant, and there is only the previous conviction of a fine, and the execution