도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
On August 4, 2006, the Defendant issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Suwon District Court on August 4, 2006. On September 24, 2009, the Defendant was sentenced to a fine of 1.5 million won by the Busan District Court on September 24, 2009.
On May 7, 2015, at around 21:50, the Defendant driven a car in the Bnish with the blood alcohol concentration of about 0.179%, from the actual cost house located in Gyeyang-si, Yangsan-si to the front road of the 100-meter Pyeong-dong in Yangsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the control of drinking driving, report on the state of drinking driving, and notification of the results of the control of drinking driving;
1. Previous records of judgment: Criminal history records, a copy of judgment, and application of Acts and subordinate statutes of a summary order;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is relatively high, and the fact that two times the records of punishment for drinking driving are disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, and there is no criminal record of suspended execution or more, the punishment shall be determined as ordered by taking into account various sentencing conditions in the records, such as the defendant's age, character and behavior, environment, the background of drinking driving, the distance of drinking driving