도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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 September 10, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on September 10, 2007, and was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on April 17, 2009, and was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Ulsan District Court on January 25, 2010.
Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, on December 3, 2014, at around 01:40, the Defendant driven CWz vehicles under the influence of alcohol with approximately 500 meters alcohol concentration of 0.165% at a distance of about 50 meters from the Do in front of the Ulsan-gu Pharmaceutical Do, Ulsan-gu to the half-gu, Ulsan-gu, BWz vehicles under the influence of alcohol concentration of about 0.165%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and an inquiry into the enemy;
1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In view of the fact that a person under probation and an order to attend a lecture, even though he/she had a record of being punished several times due to drinking driving for the reason of sentencing under Article 62-2 of the Criminal Act, the defendant should be punished strictly.
However, the execution of imprisonment is suspended on condition of probation and participation in compliance driving, in consideration of the fact that the defendant is against the defendant and is not sentenced to a suspended sentence or a heavier punishment for the same crime.