도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 June 2, 2008, the Defendant is a person with a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on June 2, 2008, and on December 6, 2010, the same court received a summary order of KRW 3 million as a fine for the same crime, and the record of drinking driving is more than once.
Although the Defendant had been able to commit a violation of the Road Traffic Act more than twice as seen above, at around 00:49 on August 14, 2013, at around 00:29, the Defendant driven B coke-Ban rolling stock in the section of approximately 100 meters from the front of the mail concentration station located in the Heung-gu Soak-gu Soak-gu, Sinju to the front of the same 584-day road.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and D;
1. Statement of actual condition, statement of actual status of a user, statement of actions against a user, statement of actual status of a user, and statement of actual status of a user;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The favorable circumstances such as the confession of the defendant for sentencing under Article 62-2 of the Criminal Act, and the records that the defendant has been punished several times for the same crime, and the drinking water reaches 0.290%, etc., and other unfavorable circumstances such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc. shall be determined as ordered in consideration of all the factors of sentencing.