도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
The Defendant is a person who has violated Article 44 (1) of the Road Traffic Act on July 18, 2008, by being sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court on July 18, 2008, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act on March 24, 2010.
On January 29, 2015, the Defendant was under the influence of alcohol of 0.153% of blood alcohol level 0.17:30, the Defendant driven B truck within the nine kilometers of approximately nine kilometers from the day before a mutually influence restaurant in the Goyang-gu Seodong-gu Seosan-dong, Busan-ro to the front day of the 601-dong Seosan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol;
1. Inquiry into the result of the crackdown on drinking driving;
1. The circumstantial report of the driver involved in the drinking vessel;
1. Previous convictions indicated: Application of a reply to inquiries, such as criminal records, investigation reports (Attachment to the same kind of power, etc.);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The decision to punish a defendant on the grounds of sentencing under Article 62-2 of the Criminal Act shall be made by selecting imprisonment with prison labor in consideration of his/her previous record of drunk driving (in the last ten years, two times within the last five years, one of which is less than five years), the drinking volume (in the size of 0.153%), etc., and the distance and place of drunk driving, the circumstances leading to the drunk driving, the age, character and conduct, the environment of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, etc. are considered.