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
[criminal power] On March 31, 2009, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court. On November 8, 2010, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.
【Criminal Facts】
On June 26, 2016, at around 22:11, the Defendant driven a car at approximately 1 km from the front side of the Yando cafeteria, which is under the influence of alcohol with 0.053% of blood alcohol concentration, to the front side of the Yando cafeteria, E300m from the front side of the Yan City to the front side of the Yansi City.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. A report on the state of the operation of a motor vehicle;
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes 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 (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has been subject to punishment several times for the same crime, and the defendant's personal character reflects his personal character when committing the crime. The defendant's blood alcohol concentration in this case exceeds the amount of regulation and has no record of punishment exceeding the past fine, and the defendant's age, family environment, past criminal records, motive for committing the crime, circumstances after committing the crime, etc. are considered as ordered.