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 18, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site on December 18, 2007, and imprisonment with prison labor for 6 months and 2 years of suspension of execution on July 24, 2008.
On September 23, 2013, the Defendant, while under the influence of alcohol at 0.218%, driven the freight vehicle B in the section B of about 2 km from the front side of the UN L-si 1-gil 90-28 to the front side of the soften elementary school located in Pyeongtaek-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the control of drinking under the influence of alcohol;
1. Inquiry into the enemy;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service, or order to attend a lecture, despite the fact that the defendant had been already punished twice due to drinking driving, once again commits the above crime, and that the defendant's blood alcohol concentration at the time of committing the crime is very high, the punishment for the crime is not weak.
However, a punishment shall be determined by taking account of various sentencing factors, including the defendant's age, occupation, criminal records, etc., including the fact that the defendant's criminal act is against the recognition of the crime and five years prior to the suspension of the execution of the judgment, and that there is no record of punishment for drunk driving thereafter and there is no other special criminal record, and a suspended sentence shall be imposed on condition that probation, community service,