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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 28, 2006, the Defendant received a summary order of 700,000 won of a fine for the crime of violating the Road Traffic Act at the Gwangju District Court, and on February 1, 2008, a summary order of 700,000 won of a fine for the same crime at the same court, respectively.
On June 6, 2017, the Defendant driven a BS-type car under the influence of alcohol content concentration of about 0.204% from a 200-meter section to the 15-ro 1-day lux road in front of the central fireworks department store to the 16-lane 16-lane. The Defendant driven a BS-type car under the influence of alcohol concentration of about 0.204% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
favorable sentencing elements: The elements of sentencing that are against the recognition of their mistake and reflects, that there is no criminal punishment heavier than imprisonment without prison labor: The two times before the same kind of crime, and that drinking driving is a threat to the safety of the general public, so the necessity of punishment is high. In this case, traffic accidents have been actually caused.