도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 7, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from a person who has a method of drinking water source, and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (drinking driving) from a person who has a method of drinking water source on April 7, 2014.
On August 31, 2017, around 04:55, the Defendant driven B K5 car under the influence of alcohol level of about 0.178% from a 300-meter radius from the front of the private middle school located in Dong-dong, Yacheon-si, Yacheon-si to the Samcheon-si, Yacheon-si, the Defendant driven B K5 car under the influence of alcohol level of about 0.178%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Investigation report (verification of previous records);
1. Application of second-class Acts and subordinate statutes of the summary order;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) considering the fact that the instant crime was committed once two times after around 2013, the Defendant was punished for driving alcohol again; (b) considering the fact that the Defendant was aware of and against his/her own crime; (c) the Defendant’s disposal of the said car and subsequently did not lead to driving alcohol again; (d) the number of drinking alcohol and driving distance; and (e) there was no record of other punishment than the two times of fine; and (e) the Defendant’s age, sexual behavior, environment, etc., all the sentencing conditions under Article 51 of the Criminal Act, including the Defendant