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 February 4, 2008, the Defendant received a summary order of 700,000 won of a fine for a crime of violating the Road Traffic Act from the Gwangju District Court's net support on February 4, 2008, and a summary order of 1.5 million won of a fine in the same court as the same crime on March 13, 2012.
On August 14, 2017, the Defendant driven B K7 car under the influence of alcohol content of 0.096% while under the influence of alcohol, from around the fisheries market, which was in the salary-ro in the south of the city, to the blind-distance road of the ordinance in the same city of 300 meters.
Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about criminal history and the application of Acts and subordinate statutes for reporting criminal history (verification of such criminal history);
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 sentencing of Article 62-2 of the Social Service Order Criminal Act is based on a comprehensive consideration of the following circumstances: (a) the amount of alcohol concentration among bloods with the reason of sentencing is not high; (b) the defendant reflects the defendant; and (c) the criminal defendant has no previous convictions other than the same kind of fine two times; and (d) the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and (e) the circumstances after the crime, etc., as indicated in the arguments