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
The Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 700,000 from the Suwon District Court on January 19, 2001 to a fine of KRW 700,000,000 as a crime of violation of the Road Traffic Act, from the Sungwon District Court on December 10, 208 to a summary order of KRW 1,00,000 as a fine for the same crime, from the Sungwon District Court on January 4, 201 to a summary order of KRW 1,00,00 as a fine from the same crime, respectively.
1. On May 29, 2012, the Defendant, at around 23:10 on May 29, 2012, driving a vehicle of one ton of blood alcohol content from the 2km section to the front road of the Hong High School, which is located in the Dong-gu, Suwon-si, Suwon-si, Suwon-si, for the purpose of drinking one ton of alcohol under the influence of alcohol content of about 0.091%, from the 2km section to the front road of the Suwon High School, which is located in the flow-gu, Suwon-si, Suwon-si, Suwon-si.
2. On August 24, 2012, the Defendant, at around August 24, 2012, driven one ton of freight at Cribe, under the influence of alcohol content of about 0.127% from the 1km section from the front side of the Sinpo-dong, Sinpo-gu, Sinpo-gu, Sinpo-si, Sinpo-si, to the same central lower-class apartment parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a circumstantial report on each host driver;
1. Notice of the results of the drinking driving control and the record of drinking measurement;
1. On-site photographs;
1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (attached to related judgments);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment determined for a violation of the Road Traffic Act as of August 24, 2012, with heavier penalty) among concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is suspended.