도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On February 8, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Gwangju District Court on February 8, 2007, and was issued a summary order of 3.5 million won by the same court on September 6, 2012.
On July 13, 2016, the Defendant, while under the influence of alcohol at 0.10% of blood alcohol concentration on July 22 and 35, 2016, driven a CL car at approximately approximately 50 meters from the vicinity of the cafeteria(b) in the monthly dong of Gwangju Mine to the vicinity of the “high-tech oriental medical hospital” located in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account the following factors: (a) the fact that there exists a history of punishment several times due to the reasons of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is higher than the fine; and (c) the Defendant’s age
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).