도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 4, 2008, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating road traffic laws in the Changwon District Court's smuggling on July 4, 2008, and the Defendant was sentenced to a suspended sentence of 2 years for a crime of violating road traffic laws in the same court on September 2, 2009.
On January 3, 2016, the Defendant driven CM5 vehicle under the influence of alcohol content of approximately 0.083% from the section of approximately 1km to the road in front of the Defendant’s dwelling place located in Gun B, not around 14:45, but around the same Eup/Myeon from the front of the same Eup/Myeon.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. A previous conviction: Application of a written inquiry and a written reply;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, strict punishment against the defendant is required.
However, the defendant's mistake is divided, the recent previous criminal records of the same kind and six years have passed, the alcohol level in blood is not high, the defendant is also sentenced to community service order along with the suspended execution of imprisonment, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.