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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 14, 200, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Busan District Court on May 17, 2002, a fine of KRW 2 million as a fine for a violation of the Road Traffic Act at the Busan District Court on April 9, 2004, a fine of KRW 2 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on August 13, 2007, a fine of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 13, 2007, and on May 18, 2009.
On August 30, 2015, at around 23:30, the Defendant driven a dial vehicle with blood alcohol content of about 0.092% from the 4km section to the front road of the knive apartment parking lot located in the knive city of Geumnam-si, Yangsan-si, the Defendant, at around 23:30 on August 30, 2015, while under the influence of alcohol by 0.092%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime despite the fact that he/she had been punished five times due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.
The fact that the defendant is committed against the defendant while committing the crime, and that the defendant has no criminal records beyond the suspended sentence is an element of sentencing favorable to the defendant.
The age, character and conduct, environment, and crime of the defendant.