도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On April 24, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 2.5 million for the same crime at the Jung-gu District Court on December 12, 2013.
【Criminal Facts】
On February 15, 2015, at around 22:38, the Defendant driven a Category B motor vehicle under the influence of alcohol by 0.193% from the section of approximately 2 km to the front road of the Korean Contracting State located in the Cheongcheon-si, Cheongcheon-si, Si, Gun, Dong-si.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the situation of drinking driving;
1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed again despite the previous convictions of the same kind, and circumstances favorable to the fact that blood alcohol concentration is not low: The defendant's age, character and conduct, intelligence and environment, relationship with victims, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, and other factors for sentencing under each subparagraph of Article 51 of the Criminal Act are considered. It is so decided as per Disposition for the above reasons.