도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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
The Defendant received a summary order of KRW 700,000 from the Incheon District Court on December 31, 2008 to a fine of KRW 700,000 as a violation of the Road Traffic Act, and the Defendant received a summary order of KRW 2 million as a fine in the same court on September 27, 2010.
On April 12, 2013, the Defendant, who was punished for drinking two or more times as above, driven B Rac car at approximately 100 meters from the roads front of the Nam-gu Incheon Nam-dong 659 Gazhoon, Nam-gu, Incheon, under the influence of alcohol content 0.121% at around 05:10 on April 12, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and verification);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime. Article 148-2 (1) of the same Act.
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 1, 2007);
1. Article 62 (1) of the Criminal Act on the suspended execution.