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
[criminal history] On October 21, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court, and a fine of KRW 1.5 million for the same crime at the same court on October 4, 2012.
[Criminal facts] On March 28, 2018, the Defendant driven a BM5 vehicle under the influence of alcohol content of 0.096% from the 10m section of blood alcohol from the public parking lot located in the Gangdong-gu Seoul Metropolitan City, Sung-gu to the Tran Park Park in the same Dong-dong from March 28, 2018
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and investigation reports (report on the situation of the driver in charge);
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
In full consideration of all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against himself, the fact that there is no previous conviction exceeding the fine, driving distance, driving distance, the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as shown in the text.