도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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 June 12, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court and KRW 1.5 million as a fine at the Changwon District Court on June 20, 201.
On July 27, 2015, at around 02:10, the Defendant driven a BpD car owned by the Defendant under the influence of alcohol concentration of about 0.128% from a distance of about 3 km to the front road of one oil station located in the Dongsan-dong of the same Sinsan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on a suspected victim of violating the Road Traffic Act, reporting on the results of the regulation of drinking driving, reporting on the state of drinking drivers, and reporting on the results of the regulation of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;
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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant again commits the instant crime even though he had the record of being sentenced to a fine as a crime of violating the Road Traffic Act, such as the criminal facts stated in the judgment, and the fact that the blood alcohol concentration is high at the time of driving of the instant case, etc. is the reason for sentencing unfavorable to the Defendant.
However, the sentence like the order shall be imposed in consideration of the fact that the defendant repents and reflects his mistake, that the defendant has no criminal record of a stay of execution or more, and that the defendant has the criminal record of a stay of execution or more, the age and character of the defendant, motives, means and results of the crime, and the circumstances after the crime, etc.