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
[criminal power] On June 18, 2008, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court on the same day, and a summary order of KRW 2 million with the same court on October 18, 2012, respectively.
【Criminal Facts】
On September 3, 2013, around 23:57, the Defendant driven B freight at a level of approximately 200 meters under the influence of alcohol concentration of 0.070% from the front corner of the plaza Dong-dong in Gwangjin-gu Seoul Special Metropolitan City to the front road of the Magjin-dong in Gwangjin-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to refer to criminal records, and to management of detection reports (referring to 11, 12 pages of investigation records);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the option of punishment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant drives a motor vehicle under the influence of alcohol again even though the defendant had a record of fine twice due to the suspicion of drunk driving, as stated in the judgment, is disadvantageous to the defendant.
However, since the values of drinking alcohol in this case are not so high, the defendant reflects his wrong and has no record of being punished more severe than the fine, etc., and there are favorable circumstances for the defendant, the punishment as ordered shall be determined by taking into account all the circumstances, such as the defendant's age and character and behavior, which are conditions for the sentencing.
It is so decided as per Disposition for the above reasons.