도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for 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
On February 7, 2013, the Defendant was issued a summary order of KRW 150,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on February 7, 2013, and KRW 2,50,000 as a fine for a violation of the Road Traffic Act (drinking driving).
On August 10, 2016, at around 05:55, the Defendant driven a bro-car in the state of alcohol alcohol content of approximately 0.148% from a section of approximately 2k alcohol content to the front side of the Nam-gu Tol-dong in the Gumi-si, Sinsi-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case in spite of the fact that he was punished three times by a fine due to the same kind of drinking driving, the defendant's blood content is high at the time of the crime of this case, and the current Road Traffic Act stipulates that the person who violated the provision prohibiting drinking is more strictly punished. In light of the fact that the defendant's strict punishment and the current Road Traffic Act requires the enhancement of awareness about the law of drinking driving is disadvantageous to the defendant.
On the other hand, the fact that the defendant reflects the mistake and that the accident occurred due to the driving of the drinking of this case is favorable to the defendant.
In addition, the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, shall be determined as ordered.