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 June 24, 2008, the Defendant was sentenced to a fine of 500,000 won as a crime of violating the Road Traffic Act (drinking) at the Busan District Court’s Dong Branch Branch, and a fine of 2 million won as a fine in the same court on August 19, 2008.
Criminal facts
On May 26, 2016, around 22:05, the Defendant driven BMW car under the influence of alcohol with a alcohol content of 0.129% from the apartment parking lot of the “slick Dog-ro” to the entrance of the apartment complex.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction: A copy of the previous order of criminal history inquiry and investigation report (a copy of the previous order of summary) [the defendant did not know that he would be punished even when driving a motor vehicle in a place other than the road], and even if he did not know of the provisions of the Road Traffic Act.]
Even if a legal site alone does not constitute a case where there is a legitimate ground for the mistake), the application of the law shall not apply.
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant's main record of sentencing is not less light, and that the defendant can have the same criminal record.
However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.