도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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.
Criminal facts
On August 3, 2009, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act at the Ulsan District Court on August 3, 2009, and a fine of KRW 3 million as a same crime at the same court on June 7, 2010.
On February 21, 2017, the Defendant driven B Poter cargo vehicles under the influence of alcohol with approximately KRW 1k alcohol concentration of 0.058% from a section of approximately 1km to the road before the police box of the Dong-dong located in the same Dong-dong from the front of the market located in the Dong-dong, Ulsan-gu, Chungcheongnam-do, Ulsan-do. to the road.
Summary of Evidence
1. Statement by the defendant in court;
1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. The reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order was sentenced to a fine for drinking in 2000 as well as a fine for two-time driving by the introduction of the criminal facts, and a fine for drinking in 2002. This is the fifth drinking driving in this case, and in 2011, the defendant repeats illegal driving, such as being sentenced to a fine for non-licenseing driving in 201, and other punishment records. However, in consideration of the fact that the amount of alcohol concentration in the blood transfusion in this case is low and the defendant reflects the wrongness, the sentence is determined as per the order.