도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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 June 30, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court due to a violation of the Road Traffic Act (driving) from Busan District Court, and on August 30, 2010, a summary order of KRW 1.5 million was issued by the same court as the same crime.
On April 3, 2015, the defendant is in the Samyang-jin Eup around 03:00.
B car was driven while under the influence of alcohol of about 7 km from the Do before Li-ri to the Gibyan Road in the Libya-ri-si, Kimhae-si, and of about 0.103% of alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had the record of being sentenced to a fine for the violation of the Road Traffic Act (driving) not only twice but also was sentenced to a fine for the violation of the Road Traffic Act due to driving under influence on one occasion, as stated in the criminal facts, and the Defendant again committed the instant crime. The fact that the blood alcohol concentration level at the time of driving under influence on one occasion is high is the reason for sentencing unfavorable to the Defendant.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, shall be considered and sentenced to the same punishment as the order in consideration of the fact that the defendant's mistake is divided and reflected, the crime of violation of the Road Traffic Act due to drinking driving has no record of being sentenced to a suspension of execution or more.