도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 16, 2016, the Defendant filed a summary order with the Changwon District Court for a violation of the Road Traffic Act (driving). On January 25, 2011, the Ulsan District Court issued a summary order of KRW 2.5 million for the same crime.
On March 18, 2016, the Defendant driven CM5 vehicle under the influence of alcohol by 0.19% in alcohol level on the road of approximately 100 meters in the direction of the 100-meter road of the Round Housing Office located in the same Dong from the Seosan apartment complex located in the Dong-si, 2016. < Amended by Presidential Decree No. 20134, Mar. 18, 2016>
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, a statement report on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and a survey report on actual condition;
1. References to inquiries, such as criminal history, copies of written indictment, and application of the statutes on summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's age, sex, health status, family relationship, environment, motive and circumstance of the crime, and circumstances after the crime, etc., on the grounds that the defendant was sentenced to a fine due to drinking driving on several occasions, and in addition, the defendant disposed of the vehicle after the crime of this case, and the defendant did not repeat the crime of this case, and the defendant's age, sex, health status, family relationship, environment, motive and circumstance of the crime of this case, etc. are considered, and the punishment is determined as ordered by the order, in consideration of the sentence conditions under Article 51 of the Criminal Act.