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
On February 11, 2011, the Defendant issued a summary order of KRW 3.5 million to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million for the same support on August 29, 2012.
On March 11, 2015, the Defendant driven B rocketing car at approximately 200 meters in front of the 291-ro 291-gil 82, from the Do in front of the 299 Mancheon City, while under the influence of alcohol by 0.069% of blood alcohol concentration.
Accordingly, the defendant, who was subject to criminal punishment for drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking driving;
1. Making a report on the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (a copy of a summary order, etc. of the same type of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on Probation, etc., is that the defendant committed the crime of this case, even though he/she had been punished twice due to drinking driving, and again commits the crime of this case, the defendant is dead and contradictory to his/her own crime; favorable circumstances, such as the defendant's age, family environment, blood alcohol concentration, circumstances after the crime, etc. are considered; and the execution of imprisonment is suspended in consideration of the defendant's age, family environment, blood alcohol concentration, etc.