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
[criminal history] On July 9, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3 million for the same crime in the same court on November 30, 2007, and a summary order of KRW 3 million for the same crime in the same court on September 3, 2010, respectively.
[Criminal facts] On December 17, 2015, at around 00:50, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.178% in blood alcohol level at approximately 500 meters from the Do in front of the Dopam restaurant in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to the road of about 599, Nam-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Relevant Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment (in consideration of the fact that the defendant has the same criminal records and three times, and that the amount of drinking of this case is high);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflectability and absence of any past record of punishment of imprisonment without prison labor or heavier);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);
1. An order to attend a course under Article 62-2 of the Criminal Act;