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.
Criminal facts
On March 28, 2011, the Defendant was issued a summary order of KRW 1 million at the Changwon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Changwon District Court on May 16, 201, respectively.
On July 31, 2018, at around 22:35, the Defendant driven a coo vehicle B in the state of alcohol alcohol concentration of approximately 0.135% from a place where it is impossible to know about 200 meters in the Dong-si Kimhae-si (hereinafter referred to as “Seoul-si”), to the roads front of the Taesung Steel located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement on the result of blood collection appraisal;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) the motive and background leading up to the instant crime; and (c) the means and consequence of the instant crime; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the arguments and arguments, such as criminal records and arguments, were comprehensively considered.