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
On February 18, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on April 3, 2017, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on April 22, 2015, the Defendant was sentenced to a suspended sentence of KRW 1 year and six months on April 30, 2015 by the same court. < Amended by Act No. 13248, Apr. 3015; Act No. 13283, Apr. 30, 2015>
On April 19, 2017, at around 04:55, the Defendant driven a motor vehicle from the Do in front of the Defendant’s residence in Kimhae-si, Kimhae-si, to the road in front of the bank in the Dongwon-dong, Kimhae-si, about 500 meters of alcohol level, while under the influence of alcohol leveling to 0.078% of alcohol level.
Summary of Evidence
Application of Acts and subordinate statutes of the summary order to ask questions, such as criminal history of the defendant's oral statement report by the driver;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. In light of the fact that a person drives a new wall after drinking alcohol at night on the day immediately preceding the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, the circumstances leading up to the crime are somewhat taken into account, and the drinking volume is not high, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor, but the defendant shall be ordered to provide community service by taking into account the fact that the person who drives the drinking alcohol during the period of suspended sentence was sentenced to two times during the period of suspended sentence and that the past records of punishment for drinking alcohol were twice.