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
[criminal power] On March 8, 2010, the Defendant had a record of being sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on March 8, 201, a fine of KRW 1.5 million for the same crime at the Gwangju District Court on April 26, 201, and a fine of KRW 5 million for the same crime at the same court on May 17, 2012.
【Criminal Facts】
On May 17, 2014, at around 22:16, the Defendant driven a B-purd vehicle with the blood alcohol concentration of about 0.058% from the 3km section of approximately 3km from the pre-road of the Hocheon-si Municipal Ordinance to the pre-road of the same lebrogate in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (a summary order and attachment of judgment), two copies of summary order, one copy of judgment, and application of Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had a record of punishment for the same kind of drinking driving on several occasions, and the nature of the crime is heavy.
However, the execution of imprisonment shall be suspended only once in consideration of the fact that the defendant reflects the crime of this case and again is expected not to drive under the influence of alcohol.