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 December 16, 2004, the Defendant was notified of the summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site on December 16, 200, and a fine of KRW 1 million as a same crime in the same court on October 31, 2007, respectively. On June 20, 2008, the Defendant had the criminal records of imprisonment of KRW 1 year and 6 months and suspended execution of the sentence of KRW 3 years for the same crime in the same court.
On October 2, 2014, at around 00:15, the Defendant driven a B-type car from approximately 100 meters away from the front of the Healing Camp located in Pyeongtaek-si Joint-dong to the leisure distance located in the same city, while under the influence of alcohol by 0.205% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A written appraisal of blood alcohol concentration;
1. Previous records: Criminal records, etc. inquiry reports, copies of each summary order, and application of Acts and subordinate statutes of the judgment;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
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 driving of a motor vehicle in the same drinking condition, even though the defendant had three times the same drinking skills as that of the same kind of order to provide probation, community service order, and attend lecture, and in light of the fact that the defendant recognized the facts charged in the instant case and reflects his mistake, the defendant does not drive a motor vehicle again, and the defendant does not drive a motor vehicle again; the defendant's drinking alcohol level does not exceed 0.1% of blood alcohol level; and other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc., are determined as ordered by the order.