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 June 30, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on June 30, 2008, and the same court on August 17, 2009 issued a summary order of KRW 2 million as a fine for the same crime and violated Article 44 (1) of the Road Traffic Act at least twice.
On August 1, 2013, at around 16:20, the Defendant driven a gallon 2 gallon in the state of alcohol alcohol concentration of approximately 500 meters from the section of approximately 500 meters to the parking lot located in the same Ri, from the front side of the forest agricultural cooperative located in the gallon in the Kimhae-si, Kimhae-si, to the parking lot located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous convictions indicated in judgment: Criminal history records, investigation reports (verification of the suspect's records of driving under influence of alcohol), and application of each summary order Acts and subordinate statutes;
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;
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. The reason for sentencing of Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is that the defendant, who has had been punished twice due to drinking driving since 2008, repeats drinking driving and that the amount of drinking alcohol is very high so that the criminal liability is heavy.
However, the punishment shall be determined in consideration of the fact that the defendant's mistake is recognized and reflected, the fact that there is no criminal record exceeding the fine, etc., and taking into account other circumstances which form the conditions for the punishment, such as character, conduct and environment of
In addition, probation and lecture order are added in order to encourage the eradication of drinking driving.