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
[criminal power] On December 21, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Western District Court on December 21, 2007, and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on March 18, 201, and was sentenced to a fine of three million won for a violation of the Road Traffic Act.
【Criminal Facts】
On August 29, 2013: (a) the Defendant was under the influence of alcohol at around 0.201% of blood alcohol concentration on August 23:19, 2013; (b) driven B car volume in the section of approximately 500 meters from the front day of the “Ycheon-si Drilla” road located in the Gyeonggi-gu taxi extension kidon-dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the status of running a driving, a report on the status of running a driving, and a report on the status of running a driving;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
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. Probation and community service order sentencing reasons under Article 62-2 of the Criminal Act, despite the fact that the Defendant had been already punished several times due to drunk driving, once again commits the crime of drinking driving in this case, and that the Defendant’s blood alcohol concentration at the time of committing the crime is considerably high, the liability for the crime is not somewhat weak.
However, the probation and community service order should be added in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime and is against the defendant, that the defendant has no criminal record exceeding the fine, and that the defendant does not repeat the crime by disposing of the vehicle.