도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant was issued a summary order on June 18, 2012 with a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and on March 29, 2013, the same court issued a summary order on March 29, 2013 with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).
On December 17, 2014, at around 23:20, the Defendant driven Bone Star car under the influence of alcohol 0.167% from a section of approximately 10k alcohol content to the high-speed road located in the John-dong, Ansan-si, Ansan-si.
Accordingly, although the defendant was punished more than twice by driving a motor vehicle under the influence of alcohol, he/she again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. A report on the actual state of the driver;
1. Papers of measurement records of drinking alcohol;
1. Notification of the control of drinking driving;
1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (former records and confirmation), and application of Acts and subordinate statutes of the judgment;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include the following factors: (a) the Defendant, for the reasons of sentencing under Article 62-2 of the Order to Attend Education; (b) once having three times the punishment power due to drinking driving; (c) the blood alcohol concentration was considerably high at the time of the instant crime; (d) the Defendant’s mistake was pening in depth; and (e) the Defendant’s age, environment, and circumstances after the instant crime, etc.,