도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 January 29, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Youngcheon District Court’s Young-gu branch on January 29, 201. On May 27, 201, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.
【Criminal Facts】
On September 8, 2016, at around 01:08, the Defendant driven the B1 ton cargo vehicle with approximately 0.155% of blood alcohol concentration from the 3km section to the 5-23rd road of the 3km-ro of Efficacy-ro, Lee Chang-gun, Gangwon-do, while under the influence of alcohol, from the front side of the “China” restaurant located in the Changdong-gu, Seowon Changwon-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A response to the request for appraisal, and a report on the circumstantial statement of the driver;
1. Investigation report (related to the application of the Tramark formula);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
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;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's experience of being punished three times or more due to drinking alcohol driving, and even though he had been punished two times or more due to a suspended sentence, he/she also drives under drinking alcohol, unfavorable circumstances such as the high blood alcohol level, and the fact that he/she has no criminal record exceeding the fine due to drinking alcohol driving, etc., and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, circumstance, means, method and consequence of the instant crime, and the circumstances before and after the instant crime, etc., shall be determined as ordered by taking into account all the conditions of sentencing as shown in the instant records and pleadings