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
The Defendant, at the Changwon District Court on February 6, 2012, issued a summary order of a fine of five million won for a crime of violation of the Road Traffic Act, to a fine of five million won, to a summary order of a fine of two million won for the same crime in the same court on June 20, 201, and to a summary order of two million won for the same crime in the same court on March 28, 201, respectively.
On November 1, 2013, at around 23:57, the Defendant driven a B-5 car at a section of about 1 km from around a restaurant in which the trade name in the downstream-dong at the Jinnam-si cannot be known at the level of alcohol content 0.076% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about reports on the state of drinking drivers, and the results of the control of drinking driving;
1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, etc., inquiry reports, previous records of disposition, results of confirmation, and investigation reports (Attachment of previous records, written judgments, etc.);
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. The reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of multiple punishments due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant committed the crime of this case again. The fact that the defendant repents his mistake and does not cause any traffic accident, there is no record of criminal punishment exceeding the fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.