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
On May 18, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the Chuncheon District Court's original branch on May 18, 2007, and KRW 2.5 million as a crime of the same violation in the Jung-gu District Court's senior branch on February 7, 2014.
On September 26, 2015, around 00:34, the Defendant driven a B-land under the influence of alcohol leveling 0.079% of alcohol level in approximately 50 meters from the section of approximately 50 meters from the roads of the Dongdong-gu, Busan Metropolitan City to the roads of the Dongwaton.
Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking, a report on the situation of the driver of drinking, and a report on the detection of the driver;
1. A written appraisal of alcohol during blood;
1. Application of Acts and subordinate statutes, such as a response to inquiries, such as criminal history, copy of judgment;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. For the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, alcohol level, the record of the crime as indicated in the judgment, the record of the immediately preceding detection work, and the Defendant’s age, sex, sex, environment, occupation, occupation, family relationship, circumstances and contents of the crime, and other various sentencing conditions shall be comprehensively considered and determined as ordered by the order.