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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On June 17, 2014, the Defendant received a summary order of KRW 5 million from a fine of KRW 5 million due to a crime of violation of road traffic law (driving), and on October 5, 2015, a fine of KRW 7 million from a Cheongju District Court.
[2] On April 18, 2017, around 03:27, the Defendant driven BM7 car under the influence of alcohol content of 0.147% from the 800-meter section from the 365-ro, Bupyeong-gu, Incheon, Bupyeong-gu to the 365-ro, the same funeral to the 45-day road.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of control and statement in the circumstances of the driver placed in the main place;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he/she was punished twice for the same kind of crime, the defendant's responsibility is not somewhat weak.
However, the power above is punished as a fine; the driving distance of this case is a short distance; the defendant is currently repenting his mistake in depth; the defendant's age, sex, environment, motive, means and consequence of the crime; and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.