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
[criminal power] On August 27, 2010, the Defendant issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Suwon District Court and KRW 2.5 million as a fine in the same court on September 21, 201, respectively.
【Criminal Facts】
On October 14, 2013, the Defendant driven B rocketing car at approximately 500 meters from the roads near Pyeongtaek-si working in Pyeongtaek-si to the roads front of the new company in the same city, while under the influence of alcohol of 0.076% of blood alcohol level around 23:45.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of the same type of judgment);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, even though the defendant had been already punished four times due to drunk driving, etc., he/she again commits the above crime, the punishment for such crime is not less exceptionally given that he/she committed the crime.
However, the punishment shall be determined in consideration of various sentencing factors, including the defendant's age, occupation, family environment, criminal records, etc., including the fact that the defendant is recognized as committing a crime and the defendant has no criminal record exceeding the fine, and the sentence of suspension of execution is to be imposed on condition of probation and community service order.