도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
[criminal history] The Defendant has a record of being sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the Changwon District Court's Tong-gu branch on July 30, 2009, and a fine of KRW 2.5 million for the same crime from the same support on March 9, 2012.
[2] Although Defendant 1 had been punished on two or more occasions as above, Defendant 2 driven a B-learning car under the influence of alcohol 0.130% in a section of approximately 200 meters alcohol level from the water compromise in the ancient-dong in the ancient-si city around November 14, 2015 to the front road of the third apartment complex in the same consideration.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Statement of the circumstances of the driver involved and report on the detection thereof;
1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;
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 sentencing conditions of Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the crime, etc., are equally considered in light of the degree of alcohol concentration, driving background and distance, the records of punishment for the same kind of crime during the sentencing reasons of Article 62-2 of the Criminal Act, and the sentence against the Defendant is determined and the order to provide community service and attend lectures is added based on reflect and reflect.