도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 19, 2009, the Defendant is a person who drives a motor vehicle under the influence of alcohol at the Changwon District Court by having been sentenced to a fine of three million won or more due to a violation of the Road Traffic Act (driving), and a fine of one million won or more for the same crime in the same court on March 24, 2008, respectively.
On August 4, 2018, the Defendant driven a motor vehicle of 03:20 on August 4, 2018, while under the influence of alcohol concentration of 0.137% in the blood alcohol level at approximately five kilometers from the front of the cafeteria cafeteria which was located in the Dong-dong of the same city to the Cheongju-dong, the Defendant was under the influence of alcohol level of 0.137%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. References to inquiries, such as criminal history, and the application of the previous and part II of the summary order;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, had been punished twice due to drinking alcohol driving, once again driven the instant drinking alcohol driving.
Provided, That the punishment shall be determined as ordered in consideration of various circumstances, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., and the fact that there is no record of punishment exceeding the fine, and the punishment shall be determined as ordered in consideration of the following circumstances.