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 December 15, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Seoul East Eastern District Court due to a violation of the Road Traffic Act (driving). On October 5, 2007, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seoul East Eastern District Court on October 5, 2007. On May 3, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment for a violation of the Road Traffic Act (driving).
【Criminal Facts of Crimes】 On November 2, 2015, the Defendant driven B rocketing car from the front of the Maddong-dong, Gangdong-gu, Seoul to the front road of the 995 (Yecheon-dong) under the influence of alcohol content of 0.185% while under the influence of alcohol on November 2, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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 on the stay of execution ( normal consideration, such as the fact that the defendant may have the same power to the defendant, and that the blood alcohol concentration of the blood of this case is high, but confessions and reflects the defendant, and that there is no record of criminal punishment after June 2010, etc.);
1. Probation and community service order under Article 62-2 of the Criminal Act;