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 July 9, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Chungcheong Branch on July 9, 201, a fine of KRW 3.5 million due to the same crime in the same court on August 18, 201, and a fine of KRW 1 million due to the same crime in the same court on October 17, 2002.
On October 19:25, 2015, the Defendant driven a motor vehicle B under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.09% from the front road of the “Jakdong Haakdong-dong,” which is located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the roads adjacent to the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a summary order of the same kind of crime);
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;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, such as probation and community service order and order to attend a lecture, despite the fact that the defendant had already been punished due to drinking driving, etc., are heavier than the nature of the crime of this case.
However, in consideration of all the sentencing conditions shown in the records and pleadings of this case, such as the fact that the defendant reflects the crime, and the degree of the taking, the punishment as ordered shall be determined.