도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On August 13, 2010, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court’s branch branch, and on October 25, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 years for one year due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court’s branch, and on May 17, 2016, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court’s branch branch.
On October 1, 2016, the Defendant driven a B-wheeled vehicle at the section of approximately 150 meters in front of the south king located at approximately 48 No. 142 p.m. from the day before the second king located in Busan Jin-gu, Busan, under the influence of alcohol content of 0.194% among blood transfusion around 23:10 on October 1, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
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. The sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act recognizes and reflects the error of the reason for sentencing, but it is judged that there was a history of five criminal punishment due to drinking driving, and that there is a lack of awareness of the danger of drinking driving by committing the instant crime at the time when six months have not passed since the date of the last driving of drinking, and that there is insufficient awareness of the danger of drinking driving, considering the Defendant’s age, sexual behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., the punishment as set forth in the disposition shall be determined by the order.