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 December 21, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on May 15, 2014.
On May 29, 2016, at around 14:35, the Defendant driven a B 2 truck under the influence of alcohol content of about 0.164% in a section of about 5km from the front side of the Changju apartment road located in Seoyang-si, Chungcheongnam-do to approximately 50 meters away from the front side of the Changju apartment road located in Seoyang-do, Chungcheongnam-do to the front side of the same Eup.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of 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 on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's punishment for a fine twice due to drinking driving: The defendant recognized the crime of this case and seriously reflects the defendant; the defendant has no record of punishment exceeding the fine for the same crime; and the defendant's age, character and conduct, environment, means and result of the crime; and the various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.