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.
Criminal facts
On October 27, 2008, the Defendant received a summary order of KRW 1 million of a fine for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 1,500,000 of a fine for the same crime at the same court on December 8, 2014.
On December 20, 2015, at around 02:30, the Defendant driven a balone-line vehicle in the Bgallon, while under the influence of alcohol with approximately 0.090% of alcohol content in blood, from the 1km section to the road near the gas station in the same Dong, from the day before the mutual influent drinking house in the Kimhae-si, Kimhae-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;