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 May 6, 2008, the Defendant received a summary order of KRW 1 million from the Incheon District Court as a violation of the Road Traffic Act (drinking driving), and on March 28, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court as a violation of the Road Traffic Act (drinking driving).
On April 10, 2016, the Defendant driven B M&A at a section of about 200 meters from the road front of the P&A, which is under the influence of alcohol 0.087% among blood transfusions, to the road front of the F&A in the same Dong, while under the influence of alcohol 0.087%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Persons Ordering to Provide community service and attend lectures, and Article 62-2 of the same Act, and Article 59 of the same Act shall be determined as the disposition by taking into account the defendant's age, family environment, motive for the crime, alcohol concentration in blood, circumstances after the crime, etc., and other favorable circumstances, such as the defendant's age, family environment, and the fact that the defendant was aware of and reflects his/her criminal act, and there is no past history