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
[criminal power] On July 26, 2007, at the Seoul Northern District Court, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving). On December 11, 2009, the above court was sentenced to a fine of one million and five hundred thousand won for a violation of the Road Traffic Act (driving). On December 14, 2010, the above court was sentenced to a fine of one million and five hundred thousand won for a violation of the Road Traffic Act (driving) from the Goyang Branch Branch of the Jung-gu District Court on December 14, 2010.
【Criminal Facts】
Although the Defendant had been punished twice or more as above, at around 00:48 on March 26, 2015, the Defendant driven a Cresh motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.081% at the front of the “Walk Sea” located in the Sinyang-gu, Mangdong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Each previous record of the judgment that records the control of drinking driving and the report on the situation of drinking driving;
1. A statement on criminal records, etc.;
1. Application of Acts and subordinate statutes to an investigation report (attached to the previous and summary order);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. Two years of a stay of execution, etc. for eight months of imprisonment with prison labor for a decision of sentence (the fact that there are some other circumstances considering the circumstances leading to driving, the records of the same punishment, the economic and family environment, the age, character and conduct, etc. of the accused);