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 power] On August 12, 2014, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for a crime of violation of the Road Traffic Act, and on November 28, 2014, the Defendant was issued a summary order of KRW 2 million by the same court with the same crime, etc.
【Criminal Facts】
On August 28, 2016, at around 04:25, the Defendant driven BM-W motor vehicle at the 1km section of approximately 1 km in front of the 294, from the Do in front of the Zusan City, which is located at the 35-ro Hong City, Hongsan-gu, Hongju City, under the influence of alcohol concentration of 0.14%.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report;
1. A copy of the report on the results of the control of drinking driving, the report on the circumstances of drinking drivers, the appearance, uniforms, language, attitudes, and the use register of drinking meters;
1. Report on internal investigation (related to Affixing a seal of the suspect);
1. Photographs at the time of crackdown;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes related to investigation reports;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing and order to attend a probation and education - The circumstances unfavorable to the defendant are two times the same criminal records and the crimes of drinking alcohol are repeated within three years, the degree of drinking alcohol (0.144% of blood alcohol level) - The circumstances favorable to the defendant: serious reflectness, the absence of any criminal records for probation and order to attend a lecture, and other comprehensive matters that constitute conditions for sentencing under Article 51 of the Criminal