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 power] On February 15, 2007, the Defendant received a summary order of KRW 700,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act, and on November 19, 2010, the Defendant received a summary order of KRW 9,00,000,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On April 8, 2014, at around 23:40, the Defendant driven a Bran vehicle with a blood alcohol concentration of about 1km from around the “mast restaurant” to the front road of the Sists household, a corporation located in the same Ri, which was located in the Mastdo-Eup in the Gyeonggi-si Do, with a alcohol level of about 0.053%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol and the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;
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;
1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act are once the defendant has already been under the influence of alcohol, and even though the defendant had been punished once due to a traffic accident resulting in the occurrence of danger driving, the above crime has again been committed, the punishment for such crime is not weak.
However, punishment shall be determined in consideration of various sentencing factors, such as the defendant's age, occupation, family environment and criminal records, including the fact that the defendant is against the recognition of the crime and that the defendant has no criminal record exceeding the fine, etc., and the probation shall be sentenced on condition of probation and community service order.