도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 10, 2010, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act at the source of a water source method on September 10, 2010 and received a fine of five million won or more due to a violation of the Road Traffic Act from the source of a water source method on September 5, 2013 and received a summary order of a fine of five million won or more for a violation of the Road Traffic Act.
On August 12, 2017, the Defendant, while under the influence of alcohol 0.057% during blood transfusions, driven Bbee cruise car over about 1km from the front day of the restaurant in the Busan metropolitan city, which is located in the Busan metropolitan city, to the front day of the new salary class located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of the driver at home;
1. Application of an inquiry letter, such as criminal history, and a copy of a summary order;
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 consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (the favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. The favorable circumstances - The defendant recognizes all the criminal facts. - The defendant’s blood alcohol concentration in the defendant’s blood is close to the lower limit of punishment. - The records of the same criminal punishment are not adjacent to the second time in 2010 and 2013, and there is no record of having been sentenced to the penalty exceeding the fine due to traffic crimes. The sentence should be imposed as ordered in consideration of all the conditions of the sentencing revealed in the trial process in each of the above circumstances.