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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Power of crime] On June 20, 201, the Defendant issued a summary order of two million won for a crime of violating the Road Traffic Act at the Busan District Court, and two million won for the same crime at the Ulsan District Court on May 19, 2014.
[2] On October 3, 2015, the Defendant driven a Bsp motor vehicle under the influence of alcohol with approximately 0.064% alcohol concentration at a section of about 100 meters from the place near the Taedong-dong of Busan Island to the place near the Taenam Park located in the same Dong-dong of Busan Island on October 3, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver who is placed in driving, report of the situation of the driver who is placed in driving, and inquiry into the results of regulating drinking;
1. Reports on internal investigation (report on the detection of a primary driver);
1. References to inquiries, such as criminal history, reports on investigation (verification of the same kind of force), and application of a copy of each summary order by statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
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. In light of the observation of protection and the fact that a majority of the same kind of reasons for sentencing under Article 62-2 of the Criminal Code of the community service order and the repeated driving of drinking again, the defendant should be punished strictly. However, the defendant should be punished strictly, but the fact that the defendant's mistake is recognized and rebuttals, and all other factors of sentencing indicated in the records, such as the defendant's age, sexual behavior, family environment, etc., shall