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 May 23, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on November 5, 2010, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.
On October 10, 2013, at around 01:00, the Defendant driven CM5 vehicle from the front day of the packing in which the trade name in Pyeongtaek-si driving cannot be known while under the influence of alcohol 0.124%, at around 01:0, the Defendant driven CM5 vehicle at a about 500 meters section from the front day of the packing in which it is difficult to find out the trade name in Pyeongtaek-si driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Inquiry into the enemy;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the defendant committed the crime again even though he had had the record of punishment twice due to drinking driving, etc., the punishment for the crime is not less light of the fact that the defendant committed the crime.
However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the suspension of execution shall be sentenced on the condition that