도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six 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
[criminal history] On November 25, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Busan District Court’s Vice-Support on November 25, 2014. On April 14, 2017, the Defendant issued a summary order of KRW 3 million for the same crime from the Incheon District Court to a fine of KRW 3 million, and is a person who violated Article 44(1) of the Road Traffic Act twice.
[2] On February 18, 2018, at around 22:18, the Defendant driven B rocketing car under the influence of alcohol content 0.114% from around 5 meters of alcohol in the section of around 162, from the day before the training-dong, Yeonsu-gu Incheon, Yeonsu-gu to the day before the competent 162-year fishery church.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation report (No. 12)
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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s record of being fined twice due to the Defendant’s violation of the Road Traffic Act (driving) around November 2014 and around April 2017. At the time of the instant case, the Defendant’s blood content (0.114%) at the time of the instant case is relatively high; on the other hand, the Defendant reflects the instant crime; and on the other hand, the Defendant’s age, sex and behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the instant crime, etc. are comprehensively considered, and the sentencing conditions as indicated in the instant records and trial process are determined as the same sentence as the order.