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
The Defendant was issued a summary order of 1.5 million won on March 6, 2013 with a fine of 1.5 million won as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and the same court issued a summary order of 4 million won on September 30, 2013 with the same crime in the same court.
Although the Defendant was punished twice for the crime of the Road Traffic Act as above, at around 23:48 on January 29, 2015, the Defendant driven a car in D Coin at the section of approximately 80 meters prior to the road of about 1856 meters prior to the Sinsking-si, Sinung-si, under the influence of alcohol concentration of 0.137%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Statement of the status of the driver;
1. Making a report on the control of drinking driving;
1. Printed paper;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports accompanied by a copy of summary order);
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. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on Probation, etc., committed again the instant crime even though they were punished twice due to blood alcohol concentration, drinking driving, etc. at the time of the instant crime, and thus, committed again the instant crime, the Defendant’s mistake is against the Defendant, there is no penalty force other than fines due to the same crime, and there is no other penalty force other than fines due to the same kind of crime, and all the sentencing factors