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 October 1, 2010, the Defendant was issued a fine of KRW 700,000 by the Gwangju District Court for a crime of violating the Road Traffic Act, and a fine of KRW 2 million by the same court on March 30, 201, respectively.
On April 28, 2017, around 00:40, the Defendant driven BM5 car under the influence of alcohol content of about 0.054% from the 10km section in the blood alcohol concentration on the road in the Seo-gu, Seo-gu, Seo-gu, Gwangju to the limit of approximately 76 per annum high-tech 56.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);
1. Relevant Article of the Act and 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2010 and 2011 due to driving under drinking.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.