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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On February 7, 2005, the Defendant was sentenced to a summary order of a fine of one million won by committing a violation of the Road Traffic Act (driving) at the Busan District Court on December 26, 2007, a fine of two million won by committing a violation of the Road Traffic Act (driving) at the Busan District Court on December 26, 2007, and a fine of three million won by committing a violation of the Road Traffic Act (driving) at the Busan District Court’s Dong Branch on December 29, 2009, and on January 14, 201, a fine of four million won by committing a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 14, 201.
【Criminal Facts】
On April 29, 2015, at around 07:40, the Defendant driven a freight vehicle with a blood alcohol concentration of about 0.096% from the section of approximately 2 kilometers in the direction of approximately 0.2 kilometers to the front road of the construction site of the second apartment complex in Yangsan-si, Yangsan-si, Yangsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;
1. The register of driver's licenses and the register of tea (B);
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (attached to the previous and summary order), and copies of each summary order;
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. Probation and community service order Article 62-2 of the Criminal Act, in view of the fact that a majority of fines for the same kind of punishment were imposed, but again repeated driving of drinking, Defendant should be punished strictly, but the fact that mistake is recognized and contradictory, and the sentencing conditions shown in the records, such as Defendant’s age, character and behavior, family environment, etc. are considered as a whole, and the punishment as ordered.