도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for 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 March 31, 2004, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Busan District Court's branch court's order on March 31, 2004 and five times all the records of punishment for the same crime.
On September 24, 2014, at around 21:30, the Defendant driven B K5 cars under the influence of alcohol concentration of about 0.139% from the section of about 500 meters from the front of the plane captain located in the 88-ro, Busan-gun, Busan-gun, to the front road of the plane captain located in 13-5 Do-ro, 126 Do-ro, Busan-gun.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;
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. Considering the fact that the defendant again committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Criminal Act, strict punishment against the defendant is required.
However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and environment, motive, means and consequence of the crime, etc., are considered and the sentence shall be determined like the order, considering the fact that the defendant's mistake is divided, that the defendant has no criminal record of a suspended sentence or more for the same crime, the defendant is also sentenced to community service order along with a suspended sentence of imprisonment, and the defendant's age, character and conduct