도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 September 14, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch, and on October 30, 2014, a summary order of KRW 3 million for the same crime at the same court.
On July 16, 2017, the Defendant driven a car from around 2 km to around 145 in the direction of “Ariend” located in the Southern-gu Busan-dong, with alcohol content of 0.20% from blood alcohol level around 00:45, the Defendant driven a car to be operated from around 2km to the front of “Ariend” located in Busan-gu, Nam-gu, Busan-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports, investigation reports (report on the situation of the driver in charge of driving), reports on the detection of the driver in charge of driving, and inquiry into the results of regulating the driving of drinking;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is very heavy, and the defendant's previous convictions are two times the same, etc. are disadvantageous.
However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.