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
On May 30, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court of Seoul to a fine of KRW 1 million, and on December 12, 2008, the Defendant received a summary order of KRW 2.5 million from the Suwon District Court of Seoul to a fine of KRW 2.5 million for a violation of the Road Traffic Act. On March 30, 2012, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act at the Seoul East East District Court of Seoul, Seoul, and on February 19, 2014, was sentenced to a fine of KRW 10 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act.
On January 27, 2015, at around 05:40, the Defendant driven a DDama Roster while under the influence of alcohol concentration of about 0.050% from the 2km section to the front road of the Dong-dong Middle School, Dong-dong, Seoul.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;
1. Investigation report (Confirmation of circumstances leading to the control of sound driving);
1. Previous records: Application of the Act and subordinate statutes to inquire criminal records, etc. and investigation reports (attached to the judgment of sound driving power, etc.);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of sentence shall be postponed in consideration of the circumstances that may be considered in the course of crime, such as the fact that a person was found to have been aware that he/she was driving in the course of his/her own behaviors, whose blood alcohol concentration is low, and who was diving after drinking;
1. Social service order under Article 62-2 of the Criminal Act;