도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Records of Crimes】 On May 13, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Seoul Western District Court for a crime of violating road traffic laws (drinking), and a fine of KRW 2 million by the same court on July 16, 2012, respectively.
【Criminal facts” around 04:15 on February 13, 2016, the Defendant driven a motor vehicle with B, under the influence of alcohol content of about 30 meters from a 30-meter section from the front of the National Bank located in the Eunpyeong-gu Seoul Metropolitan Government 197 to the front of the Veneia 14-5, a response cancer in Eunpyeong-gu in Seoul.
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 indicated in the judgment: A reply to inquiry about criminal history, a criminal investigation report (the confirmation of the previous convictions and attachment of the summary order), and application of each summary order under statutes;
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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant again committed the instant crime even though he/she had been sentenced to a fine twice due to a violation of traffic laws on roads, and the Defendant committed the instant crime, and the blood alcohol concentration level at the time of driving the instant drinking, relatively high, etc. are the reason for sentencing unfavorable to the Defendant.
However, there is a reason to take into account the circumstances, such as the fact that the defendant repents and reflects the mistake, and that the defendant has no past record of criminal punishment heavier than the fine.
The sentence is determined as ordered in consideration of the above circumstances, reasons, and various sentencing conditions shown in the records and arguments of this case.