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 November 5, 2008, the Defendant received a summary order of a fine of three million won or more due to a violation of road traffic laws in the Changwon District Court's smuggling support, and a summary order of 1.5 million won or more due to a violation of road traffic laws in the same court on July 26, 201.
On February 4, 2016, the Defendant was under the influence of 0.123% alcohol level in blood, and around 08:20 on February 4, 2016, on the road near the site of the tunnel in the head of the group to the roads near the construction site of the head of the group, from about 800 meters around the red middle school in the head of the group to the roads near the middle school west in the head of the group.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.
However, the punishment as ordered shall be determined by taking into account the following factors: the Defendant’s mistake is divided; the Defendant does not have any criminal record exceeding a fine; the Defendant is also sentenced to protection observation and community service order along with the suspension of the execution of imprisonment with prison labor; the Defendant’s age, sex and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.