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
[criminal history] On December 24, 2014, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on December 24, 201. On November 27, 2011, the Defendant received a summary order of KRW 1.5 million for the same crime in the same court and received a summary order of KRW 1.5 million for the same crime, and has a total of four driving skills.
[2] On November 17, 2015, at around 22:35, the Defendant driven a Brane car with approximately 100 meters alcohol concentration at approximately 0.153% in the section of 100 meters, from the front day of the restaurant for “land-to-land,” which is located on the 13rd day of the Snish Culture in the city of Snish, to the front day of the city of the same culture.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
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;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;
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 Code of the Republic of Korea;
1. An order to attend a lecture or order to provide community service has no record of being sentenced to a punishment heavier than a normal suspension of execution, which is advantageous to the fact that there are many previous convictions that are disadvantageous to the reasons for sentencing in Article 62-2 of the Criminal Act, and selling vehicles to the point that confessions and reflects the instant crime, taking into account the age, sex, and circumstances of the Defendant and the sentencing conditions indicated in the records,