도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On May 30, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support of Suwon Frigwon, and on May 23, 2014, the Seoul Southern District Court issued a summary order of KRW 5 million as a fine for the same crime.
[2] Although Defendant 1 had been punished twice or more due to the violation of the Road Traffic Act (driving of alcohol), Defendant 2 driven a BFD car under the influence of alcohol concentration of approximately 0.163% from the 100-meter radius from the 100-meter radius to the road front of the Jincheon-gu Seoul Special Metropolitan City, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), on March 22, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home and statement of the circumstances of the driver at home; and
1. Notice of the results of regulating the driving of alcohol, and each statement of alcohol appraisal during blood transfusion;
1. Previous convictions in judgment: Application of respective Acts and subordinate statutes stated in a reply to inquiry, such as criminal history, investigation report (Attachment of a summary order related to the force of fine for drinking driving), and summary order;
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 (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;