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 January 29, 2013, the Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act at the Gwangju District Court on January 29, 201, and on October 11, 2013, the same court was sentenced to a suspended sentence of one year for six months due to a crime of violating the Road Traffic Act.
On November 20, 2015, the Defendant driven a B Poter under the influence of alcohol leveling of about 0.156% from a 300-meter section to a road near the “Sarain,” located in the Egraridong-dong, Nari-si, Nari-si, to a road near the “Saiman’s Name,” located in the 13-lane 13th of this window.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend a lecture, where the Defendant had already been punished twice due to drinking driving, and the Defendant had a high alcohol level during his blood, etc., are disadvantageous circumstances, but the Defendant does not repeat again, and there is no personal injury due to driving of the instant drinking, and the Defendant is in a position to support the mother, who is a visual disabled person.
In this normal relationship, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, health conditions, circumstances after the crime, and the circumstances after the crime.