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 October 8, 2007, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 8 February 8, 2010.
On February 25, 2014, at around 23:20, the Defendant driven B NewF Laol in the state of alcohol alcohol concentration of approximately 0.176% from the section of about 500 meters from the front of the school park in Ulsan-gu, Ulsan-do to the front of the school park in the same Dong from the 13th 29th Doodong to the school park in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous convictions in judgment: Application of a reply to criminal records, investigation report (applicable to the suspect's previous record and summary order);
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 punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is that the defendant has a criminal record who has been punished several times for drinking driving, and that he/she has damaged a parked vehicle even though he/she was under the condition that it would not be absolutely driven by alcohol dependence, and that he/she will choose imprisonment with prison labor due to gross circumstances.
Provided, That the execution of a sentence shall be suspended in consideration of the absence of a previous conviction sentenced to imprisonment without prison labor or any heavier punishment for traffic crimes.
Since the risk of recidivism and the risk of the defendant's mental illness is recognized to be reasonable, probation is imposed and the order to attend the law is added.