도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, 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
[criminal power] On July 22, 2011, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court’s site, and on May 8, 2013, a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act was issued, respectively.
【Criminal Facts】
On April 30, 2013, at around 21:20, the Defendant driven BM520 car at a section of about 500 meters from the Do in front of the restaurant in the Ansan-si, the Masan-si, the Masan-si, the Masan-ro, the Masan-ro, the Masan-ro, the Masan-ro, the Masan-ro, the GM520 car, while under the influence of alcohol by 0.131%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Previous convictions: References to criminal records and investigation reports (applicable by previous convictions and attachment of written judgments);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the Defendant had been already punished twice due to drunk driving, once again commits the crime of drinking driving in this case, and the Defendant’s blood alcohol concentration at the time of committing the crime reaches 0.131%, the responsibility for the crime is not somewhat weak.
However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation and family environment, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, and the probation shall be sentenced on the condition that probation and community service order be suspended.