도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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] The defendant was issued a summary order of KRW 1 million on March 19, 2008 due to a violation of road traffic law (drinking driving) at the Sungnam support of the Suwon Friwon, and on June 17, 201, a fine of KRW 3 million was issued by the Seoul Central District Court on June 17, 201 due to a violation of road traffic law (drinking driving) at the Seoul Central District Court.
[2] On July 20, 2017, the Defendant driven C Mart car under the influence of alcohol content 0.096% while under the influence of alcohol content 0.096% from the Defendant’s house located in Gwangju-si, Gwangju-si, to the 55 (water and vibration) lusium, Sungnam-si, Sungnam-si, and to the 55 (water and vibration) lusium.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);
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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. Prosecutor’s opinion - One year of imprisonment;
2. Determination - Imprisonment shall be chosen in consideration of six months of imprisonment, and two years of probation, the criminal defendant's history of drinking driving over several times.
However, the amount of punishment shall be reduced by taking into account the favorable circumstances in which the defendant is led to confession and has no record of the suspension of execution or more severe punishment, and the punishment shall be determined and the execution of the punishment shall be suspended by taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the various sentencing conditions under Article 51 of the Criminal Act as shown in the records