도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On September 11, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on September 11, 2008, and a fine of KRW 2.5 million for the same crime at the same court on July 5, 2010, respectively.
On December 26, 2014, at around 20:43, the Defendant driven C in the state of alcohol alcohol 0.154% from approximately 360 meters away from the 360m section to the Handong-gu road located outside the same Eup/Myeon from the roads in the center of Sung-gun, Gosung-gun, Gosung-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Statement on the circumstantial statement of the employee;
1. Before judgment: References to criminal records, investigation reports, and application of summary order statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;
1. Scope of applicable sentences under the Acts which have undergone discretionary mitigation: Imprisonment with prison labor for not less than six months nor more than one year and six months;
2. Determination of sentence - Determination of an unfavorable condition: The fact that the blood alcohol concentration is high and the same kind of crime is repeated;
(k) favorable circumstances: The driving distance is relatively short, the fact that it does not lead to another traffic accident, and reflects it.
- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., are determined by taking account of the sentencing conditions of Article 51 of the Criminal Act, and the community service order and the lecture order are added as a result