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 history] On August 25, 2006, the Defendant was issued a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving), etc. on July 19, 2007 at the Changwon District Court, and on July 19, 2007, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating road traffic law (dacting driving) at the Changwon District Court's Busan District Court's Branch on August 28, 2013, respectively. < Amended by Act No. 11954, Aug. 28, 2013>
[2] On September 1, 2017, the Defendant, while under the influence of alcohol at around 20:45, driven a BM5 vehicle from around 300 meters to the front day of the Washington Sea, via a restaurant through which the trade name located in the same Eup from the front day to the front day of the restaurant, is unknown.
As a result, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at drinking and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of judgment, and text of a summary order;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. The sentencing conditions indicated in the records, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined by taking into account the fact that the order to attend a lecture and the order to provide community service order had a history of being punished several times for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act,