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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On May 6, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of road traffic law in the Gwangju District Court's net support on May 6, 2009, and a summary order of KRW 5 million was issued on August 25, 2015 as a crime of violation of road traffic law (driving alcohol) at the Jung-gu District Court's high support.
[2] Although Defendant 1 had a alcohol driving force twice or more as above, Defendant 2 driven a B-to-purd vehicle under the influence of alcohol at approximately 0.095% of alcohol level in the 4km section of approximately 4km from the 0.0m-to-be area around the main place of the Dong-dong, U.S., U.S. on October 18, 2017, in order to make it possible for Defendant 1 to drive the B-to-purd vehicle under the influence of alcohol level from around 00:17.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the third drinking alcohol since 2009 as the instant crime.
However, there is no criminal record of drinking, which is against the defendant and punished beyond a fine.
In addition, the punishment shall be determined as ordered in consideration of the motive and background of the vehicle, driving distance, etc., and all of the sentencing conditions identified in the course of the trial.