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 January 11, 2010, the Defendant received a summary order of KRW 2,50,000,000 from the Changwon District Court for a violation of road traffic laws (drinking), and on January 9, 2012, the Defendant received a summary order of KRW 3 million from the same court due to a violation of road traffic laws (drinking).
On March 27, 2016, at around 00:15, the Defendant driven a Brocketing traffic vehicle with approximately 600 meters alcohol level 0.090% under the influence of alcohol level on the side of the same city, from the front day of the instant road to the front day of the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.
However, the defendant's mistake is divided, the blood alcohol concentration is not high, the defendant's protection observation and community service order is also imposed along with the suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime are considered in the arguments of this case and the punishment is determined as ordered.