도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On September 15, 2009, the Defendant violated a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on September 15, 2009, and on April 23, 2014, the same court issued a summary order of KRW 4 million as a fine for the same crime, and violated the duty of prohibiting driving under the influence of alcohol at least twice.
On August 24, 2017, the Defendant driven B benz automobiles at approximately 300 meters from the Ulsan-dong Silsan Silsan Silsan, which was under the influence of alcohol content of 0.138% among blood transfusions, to the roads front of the 4-dong Gao-ro 300 meters away from the Ulsan-dong Silsan Silsan Silcheon-dong, Ulsan-dong, Seoul-dong Silsan-dong, with the same encouragement.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 15) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantities [In addition to the previous convictions in the judgment, the Defendant has the ability to drive under the influence of alcohol once more, in addition to the previous convictions in the judgment;
Taking into account the risk of recidivism and the degree of drinking up to 0.138%, however, the fact that there is no record of punishment heavier than the suspension of execution due to the same kind of crime, or that there is no accident, and other circumstances, such as the background of the crime, degree of reflectivity, health condition (Grade 3), etc. shown in the records and pleadings.)
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);