도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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 February 2, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court's House for the crime of violation of the Road Traffic Act, and a fine of KRW 1.5 million as a fine for the same crime from the same support on February 4, 2008.
【Criminal Facts】
Around 23:00 on June 24, 2014, the Defendant driven B automobiles at approximately KRW 500 meters from the front day of the estest range in Gyeonggi-si and Seo-dong to the low-stop level in the same Dong while under the influence of alcohol by 0.073% of blood alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgment), and application of two copies of judgment-making Acts and subordinate statutes;
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. In light of the fact that the defendant had been already punished twice due to drunk driving, the criminal liability is not weak in light of the reason for sentencing under Article 62(1) of the Criminal Act, even though he/she had committed the above crime.
However, a suspended sentence is to be imposed as ordered by taking into account various sentencing factors, including the defendant's age, occupation, family environment, and criminal records, such as the fact that the defendant is recognized as committing an offense, the defendant has no criminal records exceeding the fine, the drinking water is relatively high, and the risk of recidivism has been reduced by selling the vehicle and selling the vehicle.