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 March 13, 2012, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on March 13, 2012; and on February 20, 2013, the above court was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On August 22, 2015, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (MM5) as above, appears to be a simple clerical error, as stated in C'M5' as stated in C'M5', in a state of 0.138% alcohol concentration in the 5km section from the front side of the restaurant in which the trade name in the gold village of the Priju-si in the Priju-si on August 22, 2015 cannot be known, to the front side of the walls of the Pridong-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu to the third party.
A car was driven.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of the principal and the driver;
1. Investigation report (Investigation of the application of the Tramark formula);
1. On-site photographs;
1. Previous convictions in judgment: Criminal and investigative experience, inquiry into data about criminal records, and application of Acts and subordinate statutes;
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. In light of the fact that the sentence of Article 62-2 of the Criminal Act was imposed as the power of the same kind and similar in the past, the crime of this case was committed again, and that the blood alcohol concentration was high, it is necessary to impose severe punishment.
However, the execution will be postponed considering the fact that there is a family member to support the situation that the defendant does not repeat the crime, and considering the gender, age, nationality, etc. of the defendant.
It is so decided as per Disposition for the above reasons.