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 13, 2006, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on October 13, 2006. On August 13, 2009, the Defendant was sentenced to a fine of 1,50,000 won for a violation of the Road Traffic Act.
On June 11, 2015, while under the influence of alcohol by 0.234%, the Defendant driven B Poter vehicle from the front side of the bus terminal 130 Do-ro 130 Do-Do, Jeonnam-gun, Jeonnam-do, Seoul, to the front side of the community hall of Dongdo-do-do-do-Eup, approximately 2 km from the front side of the bus terminal 20 Do-do-do-do-do-Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;
1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, reply reports (including reports attached to summary orders), investigation reports (including individual summary orders attached thereto);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in driving under the influence of alcohol again even though the defendant was sentenced to criminal punishment due to drinking driving several times, and the degree of blood alcohol concentration is high. The nature of the crime is not good and the risk of recidivism is high.
However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant is against the defendant, other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.