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.
Punishment of the crime
On July 30, 2008, the Defendant was sentenced to a fine of KRW 1 million for a violation of road traffic law (drinking driving) in the support of Ansan Frigwon on July 30, 2008, and was sentenced to a fine of KRW 3 million for the same crime at the Busan District Court on January 14, 2014, and a fine of KRW 8 million for the same crime at the Busan District Court on April 28, 2015, respectively, and was in violation of the provision on prohibition of drinking driving two times or more.
On November 9, 2017, around 21:24, the Defendant driven a B-low-income car in the state of alcohol with approximately 0.096% alcohol concentration from approximately 200 meters to the day preceding the Dong branch of the Busan Bank, located in 92 from the road near the free market in Busan Dong-gu, Busan, to the day before the Dong branch of the Busan Bank.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):
1. Although there is a history of five times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, the punishment as set forth in the order is not less than that of the crime by drinking alcohol and driving alcohol. However, it is not less than that of the crime, the fact that the amount of drinking alcohol is less than 0.1%, the fact that there is no record of criminal punishment exceeding the fine, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, sex behavior, environment, circumstances leading to the crime, and the circumstances after the crime