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 December 27, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Port Support on December 27, 2010, and a summary order of KRW 2 million for the same crime in the same court on December 17, 2012.
In spite of being under the influence of alcohol over two occasions, the Defendant driven a BMW 320d car under the influence of alcohol 0.113% from the 300-meter section of alcohol 12 meters from the 300-meter alcohol level to the BMW 320d car under the influence of alcohol on the 12-round 12-round 30 meters from the 200-round 21, 2016-round December 21, 2016.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes on investigation reports (verification of the same criminal history as the suspect);
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 suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order include that the defendant does not repeat the crime; that the defendant has no record of punishment except for two times of fine; that there is no other record of punishment; and that the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered to determine the punishment as ordered.