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 16, 2013, the Defendant was issued a summary order of a fine of five million won for a violation of road traffic law (drinking) in the Changwon District Court’s smuggling support on August 16, 2013, and on February 18, 2016, the Defendant was issued a summary order of two million won for the same crime in the same court.
On April 1, 2016, the Defendant driven B K5 cars while under the influence of alcohol content of about 700% at a section of about 700 meters from the king in the middle of the king in the two valleys of the Cheongyang-si around 13:10 on April 1, 2016, to the 222-1st road in the Goam-gun, Goam-gun.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.
However, the defendant's mistake is divided, the defendant has no particular criminal conviction in addition to the fine twice, the defendant has been sentenced to both protection and observation along with the suspended sentence of imprisonment and the community service order, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case and the punishment shall be determined as ordered.