도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On June 19, 2006, the Defendant was notified of a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in order to obtain a summary order of KRW 2,500,000 for a violation of the Road Traffic Act, and on June 24, 2014, the same court was notified of a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act.
At around 00:30 on February 18, 2015, the Defendant driven B Mt Motor Vehicle under the influence of alcohol level of approximately 0.156% at a distance of about 200 meters from the front of the “Mtriday” road located in the Geum-si, Geumju Island to the front of the Geumnam Elementary School located in the same Dong.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A circumstantial report on a driver involved in the driving of a motor vehicle;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous convictions in judgment: Application of criminal records, etc. and other inquiry reports (A), investigation reports (reports attached to the previous suspect and summary orders);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. For the reasons of sentencing under Article 62-2 of the Criminal Act, the defendant's previous conviction (one of them is a total of four times, one of them is sentenced to a suspended sentence, and one of them is within one year), drinking volume (0.156% or less), etc. shall be selected to be sentenced to imprisonment, and the period and place of drinking driving, the reason why drinking driving is conducted, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of the age, character and behavior, the circumstances after the crime, etc.