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
On March 28, 2007, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the residents support center of the Daegu District Court on April 12, 2010, KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 12, 201, and KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Ulsan District Court on August 1, 2012.
On August 10, 2015, at around 22:55, the Defendant driven a B Ecoo motor vehicle with approximately 500 meters alcohol concentration at approximately 0.217% from the front day of the GBC shooting in Ulsan-gu, Ulsan-gu to the MBC shooting in the same Dong.
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 status of drinking drivers;
1. A performance report on the collection of blood from a driver of the driving school, and written consent to the collection of blood;
1. Written request for appraisal, response to a request for appraisal and a written appraisal of blood alcohol;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. of the same kind of crime), and the application of a copy of each summary order under statutes;
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. Article 62 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although a person has been punished several times due to the reason of sentencing under Article 62-2 of the Criminal Act, the fact that he/she drives under the influence of drinking, and the fact that he/she has a high drinking level is disadvantageous to the defendant.
However, the punishment as ordered shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant, the fact that there is no record of the suspension of execution or more criminal records, and the age, character and conduct, environment of the defendant and various sentencing conditions shown in the records