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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 1, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on April 10, 2008, the Defendant issued a summary order of KRW 2 million for the same crime at the same court, and on October 29, 2010, was sentenced to imprisonment of KRW 4 months for the same crime and one year for suspended execution. < Amended by Act No. 1037, Oct. 29, 2010>
On August 12, 2014, at around 22:49, the Defendant driven a rocketing car at the 1km section from the Do in front of the “Yando” located in the East East East-dong at the same time, to the 345 Do in front of the 1km-dong at the same time, while under the influence of alcohol of 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. The circumstantial statement of the employee;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of attached records to the same attached records);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession of and reflect on an offense);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has a career of drinking alcohol at several times and one of them has a record of being sentenced to suspended sentence, but again commits the instant crime of the same kind, it shall be sentenced to strict punishment.
However, in consideration of the fact that the defendant confessions and reflects the crime, the fact that the defendant does not drive the vehicle again while disposing of the vehicle, and the last fact that four years have passed since the punishment was imposed, a suspended sentence shall be sentenced as ordered by the court.