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 October 5, 2007, the Defendant was sentenced to a summary order of one million won for a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and on April 10, 2009, the Defendant was sentenced to a summary order of one million won for the same crime at the same court, and on December 9, 2011, issued a summary order of one million won for a fine of the same crime at the same court. On November 15, 2012, the Defendant was sentenced to a summary order of 1.5 million won for the same crime at the Seoul Northern District Court.
On January 28, 2015, at around 20:15, the Defendant driven CSP car under the influence of alcohol content of about 0.148% in the 5km section from a road where it is impossible to know about the seat of CSP car at around 20:15, the Defendant driven CSP car in the state of under the influence of alcohol content of about 0.148% from the 5km section of Seongdong-gu, Seoul to the East-ro 6-lane 8 (SSP 2
As a result, the defendant was punished more than twice for the violation of the Road Traffic Act (driving) and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);
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 ( Taking into account all sorts of factors of sentencing, such as confession, reflective attitude, criminal records, the age, character and conduct, environment, family relationship, etc. of the accused);
1. Probation and community service order shall be ruled as ordered for the reason of probation and community service order under Article 62-2 of the Criminal Act (with regard to repetition of crimes, regardless of multiple previous convictions, probation period, community service hours, etc. as at the time of sentence of probation in 2