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 February 18, 2003, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court. On March 23, 2006, the Defendant received a summary order of KRW 2 million for the same crime from the same court. On May 29, 2007, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court. On November 27, 2007, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.
On September 3, 2014, the Defendant, who was punished twice or more for the violation of the Road Traffic Act (driving) as above, was driving B car under the influence of alcohol by 0.191% from the front of a cafeteria in the mutual influence of the city in Ansan-si, Annsung-si, Ma-si, to the front of the same 500m section to the 95th road.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Previous records: Criminal history records, etc. inquiry reports, each copy of the judgment, and each copy of each summary order;
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. In light of the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, drives a motor vehicle in the same kind of drinking driving skills at a considerable time despite the fact that the defendant drives a motor vehicle in a state of drinking alcohol, the criminal liability is without merit. However, the defendant recognized the facts charged in this case and reflects his mistake, and the defendant has no record of punishment for drinking driving before the instant case since he was punished on November 2007 due to drinking driving, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc., are considered as ordered.