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 April 6, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Changwon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on March 18, 2013.
On August 15, 2015, at around 00:40, the Defendant driven a diesel 6 apartment complex, which was located in the Kimhae-si, with approximately 100 meters alcohol concentration 0.084% under the influence of alcohol at the section of approximately 100 meters, from the front of the 6th apartment complex, to the front of the agricultural production site located in the same city-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on proper recommendation of a host driver, report on the status of a host driver, and notification of the completion of correction;
1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (report attached to judgments), application of statutes on 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even though he/she had the record of being sentenced to a fine more than once for the same kind of crime except for the case where he/she was sentenced to a fine for a violation of the Road Traffic Act, such as the crime stated in the judgment of the court below.
However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and result of the crime, shall be considered and sentenced to the same punishment as the order, considering the fact that the defendant's mistake is divided and reflected, the blood alcohol concentration level at the time of the driving of this case is not high, the defendant has no criminal record of suspension of execution or more, the defendant has no criminal record of suspension of execution or more,