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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 24, 2014, the Defendant had the record of punishing the driving of alcohol, such as a fine of 1.5 million won, as a violation of road traffic law (dacting driving) in the official support of the Daejeon District Court on the same day, and a fine of 1.5 million won, etc., on July 14, 2016 by the same court, at least two occasions.
[2] Although the Defendant had the record of punishment for drinking driving two or more times, he driven B motor vehicles in front of a mutual influence restaurant located in Daejeon Pungdong-gu, Daejeon under the influence of alcohol level of 0.127% on September 9, 2018, while under the influence of alcohol level around 02:50 on September 9, 2018, and driving B motor vehicles in the direction of approximately 500 meters in front of the four-distance distance from the basin of hot spring basin in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of such previous history);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Amount ( Taking into account the fact that the defendant reflects his/her mistake and has no record of punishment exceeding a fine, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;