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 18, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court and the racing support on October 18, 2007, and on October 26, 2009, KRW 3,500,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court and three times of the same criminal records.
Around 03:50 on October 19, 2015, the Defendant driven a B low-speed car under the influence of alcohol content of approximately 500 meters from the section of approximately 500 meters from the day before the restaurant, where the trade name in the dispatching-dong of the Si/Gu, is unknown, to the front of the department store in the Gu/U.S. to the day before the department store in the Gu/U.S., even though the Defendant had a history of drinking twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A traffic accident occurrence report, actual condition survey report, on-site photographs, and the report on the actual condition of a driver, a master driver, and a statement;
1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (reports on the records of criminal records of the same kind of crime as a suspect);
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 (see, e.g., the frequency of punishment for the same crime and the details of the crime, the blood alcohol concentration at the time of the crime in the judgment of the court, and the occurrence of an accident during the crime, etc.), although it is deemed to be severe punishment, there is no penal power exceeding a fine, and there is no interval between the time of the final punishment and the point of the final punishment, and the speech and walking conditions are good; the occurrence of an accident caused only physical damage as a minor drilling accident; and the confession of the crime and the omission of recidivism are considered);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;