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 of the final judgment.
Punishment of the crime
[Criminal Power] On January 18, 2007, the defendant was issued a summary order of 2.5 million won by the Incheon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 21, 2014, at around 10:15, the Defendant driven a B Trate car with approximately 150 meters alcohol concentration 0.217% under the influence of alcohol from the section of approximately 150 meters, from the section of 150 meters, to the front road of Yeonsu-gu Incheon Metropolitan City, which was located from the roads near Cheongnamdong-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on driving under influence of alcohol, report on the circumstances of driving under influence of alcohol, notification on the results of the crackdown on driving under influence of alcohol, and report on the circumstantial statement of drivers under influence of alcohol;
1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and
2. Determination of sentence: Imprisonment with prison labor for 6 months, 2 years of suspended execution, 40 hours of order to attend a lecture [free circumstances] The high blood alcohol concentration in the instant case is 0.217%, and the blood alcohol concentration in the instant case is also 0.249%, and there is a record of punishment for 2.5 million won due to a violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents in 2003, as the previous blood alcohol concentration in the instant case is likely to impede traffic safety at 0.249%;