도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 23, 2004, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of two million won for the same crime in the Daegu District Court Kimcheon on January 10, 2007. On October 5, 2012, the Defendant was sentenced to a fine of two million won for the same crime in the Suwon District Court’s Pyeongtaek Site as the same crime.
On November 18, 2015, at around 02:12, the Defendant driven CM7 car under the influence of alcohol from the underground parking lot located in 10-ro 10, Songpa-gu, Seoul, Songpa-gu, Seoul, to 36-ro 12,00,00, for about 2.5m alcohol content in the section of the same Gu to 36-ro 12,000,000.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. A traffic accident report, traffic accident occurrence report, drinking record book, on-site photograph, etc.;
1. Each report on investigation;
1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;
1. Criminal facts under Articles 148-2(1)1 and 44(1)1 of the Road Traffic Act (under the condition of 0.12% of alcohol during blood on June 23, 2004, under the condition of 0.106% of alcohol during blood on November 25, 2006, even though he/she was sentenced to a fine under the condition of 0.094% of alcohol during blood on September 9, 2012, it is difficult to prevent the criminal defendant from repeating the crime due to a fine since he/she was sentenced to a fine under the condition of 0.094% of alcohol during blood on September 9, 2012.
As a result of judgment, imprisonment is selected.
1. Article 53 and Article 55 (1) 3 of the Criminal Act (the defendant is 67 years of age who is not healthy, the defendant has no record of being sentenced to a fine, and the driver does not drive under the influence of alcohol again;
Considering the circumstances, such as the fact that it is being committed)
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);