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 history] On October 16, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (dacting driving) from the Daegu District Court’s Support on Road Traffic Act, and 1.5 million as a fine in the same court on July 14, 201.
[2] On April 15, 2016, the Defendant driven B Poter cargo under the influence of alcohol leveling of about 0.053% from the 2km section from the blood alcohol level to the front road of the Jindo Community Center located in about 339 in the front road of the Jindo Community Center, such as field advertisements, etc. 62, which are permanently residing as the intention of permanent residence on April 15, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at drinking, and inquiry of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. The reason for sentencing Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has the same criminal records ( both fines).
However, the suspension of execution is imposed considering the fact that there is no record of punishment exceeding fines due to drinking driving, the blood alcohol concentration is relatively low, and the crime of this case is against the crime of this case, however, the order to provide community service and attend lectures shall be added to the defendant in consideration of the above circumstances.