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 September 14, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (drinking driving), and on September 3, 2014, as a crime of violation of the Road Traffic Act (dacting driving) in the Daegu District Court Kimcheon support, the Defendant issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (dacting driving).
On January 4, 2016, the Defendant driven a BJEP car under the influence of alcohol concentration of approximately 0.113% in a section of about 50 meters from the 50-meter radius to the front road of the Gu-U.S., where the trade name in the Gu-U.S. HEP car cannot be known, even though there were two or more alcohol driving skills, at around 23:06 around January 4, 2016, the Defendant driven the BJEP car under the influence of alcohol concentration of about 0.113% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report on investigation (reports on previous convictions in each disposition and results thereof);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
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. Considering the fact that the defendant committed the instant crime even though he/she had committed the same kind of criminal records at several times, strict punishment against the defendant is required for the reason of sentencing under Article 62-2 of the Criminal Act.
However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that his mistake is divided in depth and that the accident does not occur frequently.