도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On October 29, 2008, the Defendant was sentenced to a summary order of KRW 2,500,000 by a fine for a violation of the Road Traffic Act (driving). On June 30, 2011, the Defendant was a person who had been sentenced to imprisonment for four months or one year of suspended execution due to a violation of the Road Traffic Act (driving) in the same court on June 30, 201. On November 26, 2013, the Defendant driving a truck with approximately 1.5 km away from the front of the mobilization cafeteria in the Sincheon-si Eup-si, Seocheon-si to the front of the park in the same Dong to the day of the park in the same Dong while under the influence of alcohol of KRW 0.156 km while under the influence of alcohol with blood alcohol concentration of KRW 1.5 km.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and a report on the appraisal of blood alcohol;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. has a history of having been punished several times as a crime of drinking alcohol or of refusing to measure, and in particular, even though there was a history of punishment for suspended execution as stated in the judgment, it is highly doubtful whether the Defendant has shown good mind and is also a question about how the Defendant has any effect on the part of the main sentence of suspended execution.
Nevertheless, the defendant is expected not to repeat again while disposing of the vehicle, and it is the last time to the defendant considering the fact that the defendant is supporting the mixed mother and her child after divorce.