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
[criminal power] On July 22, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on July 22, 2010, and a fine of KRW 3 million for a crime of violation of the Road Traffic Act in the same court on December 23, 2010, respectively.
【Criminal Facts】
On June 28, 2013, at around 17:45, the Defendant driven a Crewing car at approximately 20km from the front of the restaurant in which the trade name in the Geong-si is unknown at the time of fri-si, in the state of alcohol 0.282% of the blood alcohol concentration, from the front of the restaurant in which the trade name in the Geung-si is unknown, to the front of the Don-si Don-si Police Station.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of running a driving, report on the status of running a driving, and report on the status of a driving officer, and report on the status of a driving officer;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to the previous and previous judgments);
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. Probation and community service order Article 62-2 of the Criminal Act were imposed on the Defendant for the reason of sentencing four times due to drinking driving, etc., but again committed the instant crime, and since the blood alcohol concentration reaches 0.282%, the Defendant’s criminal liability is heavy.
However, the punishment shall be determined in consideration of various sentencing factors, such as the defendant's health condition, age, family environment, etc. including the fact that the defendant recognizes the crime and is against the defendant, the defendant has no criminal records exceeding the fine, the vehicle scrapping, etc., and the suspension of execution shall be sentenced to probation and community service order.