도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 July 22, 2015, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on July 22, 2015. On February 23, 2019, the Defendant was driving a motor vehicle under the influence of alcohol and was charged with summary proceedings at the same court on March 19, 2019.
On March 12, 2019, at around 13:30, the Defendant driven a car in Emec, while under the influence of alcohol concentration of about 0.061%, from the front road in Ulsan-gun B to the front road in the same military zone D.
Summary of Evidence
1. Defendant's legal statement;
1. Requests for appraisal, and inquiry into the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, summary order, and application of Acts and subordinate statutes applicable to indictment;
1. Relevant 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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service, and order to attend a lecture, despite the fact that the sentencing period under Article 62-2 of the Criminal Act has served as the criminal defendant's drinking operation, they go to the crime of this case again in the same summary procedure, while they need not repeat again after the crime of this case. On the other hand, the degree of drinking is relatively minor, and the sentencing conditions indicated in the records include the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc. are determined as the sentence of this case. The execution of the sentence is suspended, and probation, community service, and order to attend a lecture for recidivism, etc.