도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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 August 1, 2006, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court, and on June 3, 2015, the Defendant received a summary order of KRW 4 million for a crime of violating road traffic laws.
On March 28, 2018, the Defendant driven a B-burged vehicle under the influence of alcohol 0.171% in blood alcohol content from around 100 kilometers to the road located in Ulsan-gu, Ulsan-gu, Gun, from the front of the construction site located in the Gyeongnam-gun on March 28, 2018, at around 68.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
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. Reduction of volume (see, e.g., favorable circumstances for sentencing) under Articles 53 and 55(1)3 of the Criminal Act
1. Suspension of execution (see Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act is an offense for which the sentencing guideline is not set.
A favorable circumstances: An accident that causes physical damage while driving a motor vehicle in a very long distance is highly high, regardless of the continued punishment, while driving a motor vehicle in a state of high distance is not improved.