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 July 22, 2011, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 4 million at the Gwangju District Court on July 22, 201, and a fine of KRW 2.5 million at the same court on January 7, 2011 due to the same offense, etc. at least twice.
On November 8, 2013, at around 00:50, the Defendant driven a B car while under the influence of alcohol content of about 0.164% at approximately 200 meters from the 200-meter section to the front of the 3rd apartment in the New Changdong-dong in Gwangju Mine-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of violated records not less than twice the driving of sound), and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)
1. The decision of suspension of execution is to be rendered on the condition of the order to attend a lecture in consideration of the following: (a) the defendant's reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment in order to raise awareness about the same kind of crime in which the defendant has been committed continuously in a recent year; (b) the defendant is expected not to repeat again in his or her mistake; and (c) the defendant was both punished by a fine; and (d) the defendant has no criminal record exceeding a fine. However, in determining the specific punishment, the decision is made by taking into account all the sentencing conditions, such as the defendant'