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.
Criminal facts
As a crime of violation of the Road Traffic Act ( sound driving), on June 12, 2007, the Defendant has a penal power to impose a fine of KRW 700,000 in Seoul Southern District Court, and on November 29, 2012, a fine of KRW 1,500,000 in the Suwon District Court's Ansan Branch, which was notified of each summary order.
On May 1, 2014, at around 23:10, the Defendant driven B Poter cargo under the influence of alcohol level of 0.181% from the front of the New Natural Merger Institute in Taecheon-dong, Taecheon-dong, Taecheon-dong, 704-32.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Photographs related to accidents;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a copy of a summary order of the same kind of crime);
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 (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)
1. The crime of this case for sentencing reasons under Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is a case where a defendant drives a vehicle in drinking condition, and the defendant is not aware of the fact that he had been subject to punishment twice prior to drinking driving, and at the same time, commits the crime of this case without being aware of the fact that the defendant committed the crime of this case, the defendant is aware of the crime of this case and reflects his mistake in depth, and the defendant has no penalty power exceeding fine, and all of the favorable circumstances such as the defendant has no penalty power beyond fine, and the sentencing conditions as set forth in the