도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
On May 26, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Busan District Court on May 26, 2008, and was sentenced to a suspended sentence of 3 months for the same crime in the same court on July 14, 2008.
Criminal facts
On August 9, 2012, at around 19:45, the Defendant driven B rocketing car under the influence of alcohol content of about 2 km from the front of the Gimera Hospital located in Ulsan-gu, Ulsan-gu to the prosperity south-dong located in Ulsan-gu, Ulsan-gu. The Defendant driven B rocketing car under the influence of alcohol content of 0.285%.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. An inquiry into the enemy;
1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, etc., references to previous dispositions, reporting on results of confirmation, and investigation reports (a copy of judgment, etc.);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished by violent events after drinking, indecent act by compulsion, drinking driving, etc., and the Defendant was sentenced to suspended sentence 2 times among the four times the past records punished by drinking, which was sentenced to suspended sentence. Nevertheless, the Defendant had been in a state of drinking again without being aware, and the blood alcohol concentration at the time was 0.285%, and the Defendant was classified as the subject of the danger of drinking at 21% in total as a result of the preliminary examination on the use of alcohol disorder (AUD IT) against the Defendant. In light of the above, the Defendant appears to lack of awareness about the drinking driving, and it is inevitable to sentence a sentence of sentence considering the risk of repeating a crime after drinking and the high risk of recidivism of the same kind of crime after drinking.
However, the fact that the defendant reflects his mistake and makes a confession of a crime is favorable to the defendant, and the defendant's age, character and behavior, family environment, circumstances after the crime, etc. are considered as favorable to the defendant.