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 February 9, 2007, the Defendant received a summary order of 2.5 million won or more due to a violation of the Road Traffic Act (drinking driving), and on April 4, 2014, by the same court, the Defendant received a summary order of 1.5 million won or more due to a violation of the Road Traffic Act (drinking driving).
On May 31, 2018, at around 07:30, the Defendant driven a B Twork XG car with approximately 2km alcohol content of about 0.192% from the 19-13rd road in Sinsi-si 19-13, Sinsi-si, Sinsi-si, Busan, to the road adjacent to the 305 U.S. oil station.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver at the main place of business, survey report on actual condition, and photographs;
1. References to inquiries, such as criminal history, and application of Part IV of the 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflective facts, and absence of criminal records exceeding fines);
1. An order to attend a course under Article 62-2 of the Criminal Act;