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.
Criminal facts
On May 20, 2014, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on at least two occasions, such as a fine of KRW 1.5 million due to a violation of road traffic law (driving) in support for the development of a water source method, and a fine of KRW 7 million due to a violation of road traffic law in support for the development of a water source method, etc. on November 7, 2014.
On March 13, 2017, the Defendant driven Bran XG car in the state of alcohol alcohol concentration of approximately 0.096% in blood 4km from around 18 km to the front of the 50-distance in the Sung Park in the city of Singu, Singu, Hapo-si, Hapo-ro, 18 U.S. (hereinafter referred to as the “S. 18-ro”).
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of drivers of drinking alcohol and inquiry about the results of regulating drinking alcohol driving;
1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (reports on previous convictions and confirmations of drinking drivers);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sexual conduct, environment, background leading to the instant crime, means and result thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing that are shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: (a) the circumstances favorable to the Defendant that the Defendant has the same criminal history: (b) the confession of the instant crime; (c) the Defendant has the criminal history exceeding the fine; and (d) the Defendant has no criminal history exceeding the fine.