도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 1, 2009, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving), and on March 8, 2010, issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court, and on January 7, 2013, was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Tong-won District Court’s branch branch on January 7, 2013.
On November 1, 2017, at around 05:54, the Defendant driven C Coin truck with approximately 0.094% alcohol concentration from approximately 2km to the front road of the corporate bank located in 1116 (Yinsan-dong) as the center of the city in Busan-gu, Busan-do, the Defendant driven C Coin truck with alcohol content from around 2km to around the city in front of the corporate bank.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to the investigation report (the confirmation of previous records);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances), the punishment is determined as ordered by comprehensively taking account of the following factors: (a) the fact that the crime of this case was committed, despite the fact that the amount of the crime of this case is less than 0.1%; (b) the drinking value is less than 0.1%; (c) there was no record of criminal punishment exceeding the fine; (d) the Defendant’s age, sex behavior, environment, circumstances leading to the crime