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 30, 2007, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in the official branch of the Daejeon District Court on August 30, 2007, and a fine of KRW 2 million as a same crime in the same court on August 14, 2008, respectively. On April 17, 2009, the same court had the record of being sentenced to a suspended sentence of KRW 2 years and a fine of KRW 3 million for the same crime, etc. on June of the same year, and a fine of KRW 5 million for the same crime in the same court on August 27, 2010, respectively.
【Criminal Facts】
On January 7, 2015, at around 17:30, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.143% at the 6km section from the Gongsung parking lot, which is 280 Sinju-si, to the front road of the public shares located in 163 Sin-ro 163.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a drinking driver, a digital document, a record of crackdown on driving, an inquiry into the results of the crackdown on drinking, and a report on the state of his/her drinking driver;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and report on confirmation of criminal facts) Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2
1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the record of criminal punishment for a suspended sentence of imprisonment for the crime of violating the Road Traffic Act, and there is also a record of criminal punishment for a fine of three times for the same crime.
Nevertheless, the defendant again committed the crime of this case, and in light of the criminal records of the defendant, it is inevitable to choose to imprisonment with prison labor for the defendant.