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 12, 201, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District Court on July 12, 201, and a summary order of KRW 3.5 million for the same crime in the same court on November 7, 2013.
【Criminal Facts】
On August 28, 2015, at around 07:26, the Defendant driven Cho-do car under the influence of alcohol with approximately 0.082% of alcohol concentration at approximately 150 meters from the Do near the Incheon-dong Police Station located in Seocheon-si to the roads in front of the new park located in the same city-nam-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Report on the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;
1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same criminal records);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had the record of punishment several times due to drinking driving, and the defendant is disadvantageous to the defendant. The defendant is led to the confession of the instant crime and reflect, and the fact that he/she has no previous record of suspended sentence or higher is favorable to the defendant.
In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.