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
[2] On September 1, 2006, the Defendant received a summary order of a fine of three million won or more for a violation of road traffic laws in the Daegu District Court's Port Branch of the Daegu District Court's Branch of Korea on September 1, 2006, and on June 2, 2008, the Defendant received a summary order of a fine of two million won or more for the same crime in the same court.
[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a 1 km B-car car in the vicinity of the road located in the bitular cafeteria located in the north-gu at the port of port through the flow of alcohol level of 0.09% among blood transfusion around August 29, 2015. < Amended by Act No. 13534, Aug. 29, 2015>
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Statement of the circumstances of the driver who is a driver in charge, notification of the results of crackdown on the driving of alcohol, and report on detection of the driver;
1. Investigation report (related to the application of the dmark formula on the drinking volume by a person under consideration on the vehicle);
1. Previous convictions: Inquiry into criminal history data and application of Acts and subordinate statutes of the same criminal reporting;
1. The provision of Article 148-1 (1) 1 and Article 44-4 (1) of the Road Traffic Act, the selection of imprisonment with prison labor for the crime, and the selection of punishment for the crime;
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 sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the records of punishment due to drinking driving, and the records of punishment due to the crime related to driving, including probation, are more favorable: The fact that there are no records of causing traffic accidents due to simple drinking driving, there is no record of punishment exceeding the fine due to driving of drinking, and the fact that there is no record of being sentenced due to a fine due to a driving of drinking, and that there