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 August 24, 2012, the Defendant is a person who was sentenced to a summary order of KRW 3 million due to a violation of road traffic law at the branch office of the public prosecutor's office in Changwon District Public Prosecutor's Office (drinking) on charges of violating road traffic law, and on November 3, 2014, the Defendant was issued a fine of KRW 3 million due to a violation of road traffic law (drinking) at the branch office in the Changwon District Public Prosecutor's Office
Criminal facts
On April 25, 2018, the Defendant driven a BF rocketing car under the influence of alcohol with approximately 0.086% alcohol concentration from the section of approximately 900 meters from the bucker's coffee shop near the coffee shop to the road front of the Lambling-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), report on the situation of driving of drinking, and inquiry into the results of crackdown on the driving of drinking;
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of criminal history of the same kind), and statutes;
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. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in this case again despite the fact that the defendant had a record of drinking alcohol twice: Provided, That the fact that the defendant has no criminal record exceeding the fine, etc. shall be taken into account;