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
On July 1, 2013, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by a fine of KRW 1 million on August 1, 2014 at the Ansan District Court for a crime of violation of the Road Traffic Act. < Amended by Act No. 12514, Aug. 1, 2014>
On May 8, 2016, at around 02:25, the Defendant driven a B Benz E30-car under the influence of alcohol content of about 0.098% from the section of about 1km from the front side of the public parking lot planning in Yongsan-gu Seoul, Yongsan-gu, Seoul to the same 294 Benz E30-car.
As a result, the defendant was punished for drinking twice or more, and was driving under drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., the same type of electric power, the blood alcohol concentration, and the point of reflect);