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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
【The Defendant, at the Daegu District Court on January 30, 2007, issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court on September 19, 2007; a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking) at the same court on September 19, 2007; a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the same court on December 11, 2008; and a person who has driven under the influence of alcohol at least twice after having received a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the same court on October 11, 201.
【Criminal fact-finding on December 10, 2017, the Defendant driven B Poter Cargo Vehicles while under the influence of alcohol content of about 0.162% at approximately 2km section from the front of the mutual insular restaurant located in the Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, Busan, to the front of the price-free road located in approximately 409 at a university of the same time, from around 2km section to the front of the road.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. The punishment as ordered shall be determined by taking into account the following circumstances: the reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the community service order and the order to attend a lecture, the fact that the defendant has been a criminal record of the same kind four times, the defendant's blood alcohol concentration is higher than 0.162%, the defendant's reflects the fact that the defendant has no criminal record exceeding the fine, the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc.