도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 13, 2007, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million, and a summary order of KRW 2 million from the Daegu District Court to a fine of violation of the Road Traffic Act on January 12, 2012.
【Criminal Facts】
At around 21:50 on September 2, 2016, the Defendant driven a 100m B e-mail vehicle at the entrance of the GM Hacheon-si at the Yacheon-si, the lower court was under the influence of alcohol of 0.093% of blood alcohol concentration. From the front of the restaurant, the lower court driven a e-mail vehicle at approximately 100m B at the entrance of the GM Haak-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. A report on the state of the operation of a motor vehicle;
1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered in consideration of the defendant's age, family environment, past criminal records, degree of alcohol concentration, attitude of judgment after the crime, etc., which are favorable circumstances such as the defendant's disadvantage, such as the fact that the defendant had been punished twice due to drinking driving in the past, and that the defendant has no record of punishment exceeding the fine for the same kind of crime in the past, and other favorable circumstances, such as the defendant's age, family environment, past criminal records