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 October 6, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Busan District Court’s Branch Branch of Incheon District Court on March 7, 2012, and on March 7, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime by the same court, and on March 31, 2014, issued a summary order of KRW 7 million for the same crime by the same court.
【Criminal Facts】
Although the Defendant had been punished twice or more due to drunk driving, on May 15, 2015, at around 00:25, the Defendant driven B rocketing car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.148% at the section of about 20 meters from the right road of the tear hotel located in the city of Seocheon-gu, Seocheon-gu to the right road of the tear-gu, Seocheon-gu, Seocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on the situation of drinking driving, and report on the situation of drinking driving;
1. A protocol concerning the suspect examination of the accused;
1. Previous convictions indicated in judgment: Criminal records, US records, and application of Acts and subordinate statutes of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Although the fact that a person drives drinking again even though he/she had the reason of sentencing under Article 62-2 of the Criminal Act, even though he/she had the record of drinking driving, it is not good to commit a crime, the confession and reflects the crime, the distance of drinking driving is relatively short, and all of the sentencing conditions under Article 51 of the Criminal Act are considered, it is decided as per Disposition.