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 26, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court. On April 4, 2007, the Defendant issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (Refusal of measurement of drinking), and on April 20, 2010, the Defendant was sentenced to imprisonment for 8 months and two years of a suspended sentence.
【Criminal Facts】
On July 13, 2014, the Defendant, while under the influence of alcohol 0.192% from blood alcohol level on July 13, 2014, driven a DNA cargo vehicle at the section of about 16 km from the front side of the Chungcheong University in the Seo-gu, Seo-gu, Seo-si, Seo-si, Seo-si, to the front side of the research complex in Chungcheong-si, the petition complex of which is 162.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. Control note;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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 under Article 62-2 of the Criminal Act is that the defendant has been subject to criminal punishment due to drinking operation, etc. three times prior to the probation, community service order and lecture order.
Nevertheless, the Defendant committed the instant crime, and did not comply with the police’s instructions at the time of arrest, and escaped.
In light of this, the nature of the defendant's crime is poor.
However, in consideration of the fact that the defendant's mistake is seriously against the defendant, the detention of the defendant entails excessive difficulty to his/her family members, and the defendant seems reasonable to be given an opportunity to improve his/her probation, etc., the punishment shall be determined like the order.