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 this judgment becomes final and conclusive.
Punishment of the crime
On May 22, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court, and a fine of 2 million won for the same crime at the Changwon District Court on November 23, 2009.
On September 20, 2012, around 21:30 on September 20, 2012, the Defendant driven a B-to-purd motor vehicle with a blood alcohol content of about 0.062% from the 1km section in the Cheongan-gu, Cheongan-gu, Changwon-si, Jin-si, Cheongwon-si, Cheongwon-si, Seoul, to the roads for the third apartment with a blood alcohol content of about 1km.
Summary of Evidence
1. Statement by the defendant in court;
1. A written report from an employee of an employer;
1. Application of statutes concerning criminal records;
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. 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 consideration shall be made again for the reason of sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant commits the crime of this case in which he/she drives a motor vehicle again without being aware of the fact that he/she had been sentenced to three times a fine due to the violation of the Road Traffic Act or one time a fine due to the violation of the Road Traffic Act.
However, there is no record of punishment for the defendant as punishment, considering the favorable circumstances that the defendant is living together with his/her confession and reflects his/her depth, and determining the punishment as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.