도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On November 27, 2007, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court's House, etc. on November 27, 2007, and on November 24, 2009, at the Incheon District Court's Branch Branch Branch of Incheon District Court, a summary order of KRW 2 million with a fine of KRW 2 million was issued.
【Criminal Facts】
On May 23, 2012, at around 21:57, the Defendant driven C Lasta car at approximately 400 meters away from the Do in the front of the Song-dong District of Pyeongtaek-si to the front road of Pyeongtaek-dong Woo-dong Woo-dong, Pyeongtaek-dong, Pyeongtaek-dong, the Defendant was under the influence of alcohol of 0.104% of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. A written appraisal of blood alcohol and a written consent to blood collection;
1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the same type of criminal records and attachment of judgment);
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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to criticize the Defendant in that he/she once drives under drinking, even though he/she had a record of criminal punishment twice due to drinking driving.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant was aware of the crime of this case and would not drive under the influence of alcohol again, and the fact that the defendant has no record of punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, including the age, character, conduct and environment of the defendant.
It is so decided as per Disposition for the above reasons.