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】 The Defendant was sentenced to a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Ansan Branch of the Suwon District Court on December 11, 2008, as a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on October 28, 201, a fine of KRW 10,000 for a violation of the Road Traffic Act (driving) and a fine of KRW 5,00,000 for a violation of the Road Traffic Act at the Incheon District Court on November 27, 2014.
【Criminal Facts of Crimes】 On November 20, 2014, the Defendant driven a Category B car with blood alcohol content of about 2km from approximately 0.115% under the influence of alcohol on the 2km section from the roads near Dong community service center in Ansan-si, Dongdong-gu to the front roads of the same Sinsan-dong to the Gukdong High School located in the same Sindong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Notification of the results of drinking driving control, and details of the results of drinking measurement;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Defendant shall be punished strictly inasmuch as he/she continues to drive under drinking even before sentencing of Article 62-2 of the Criminal Act for the reason of sentencing, even though he/she had the record of being punished for drinking under the influence of alcohol, or commits the instant crime again within one month from the time he/she was discovered due to the immediately preceding drinking driving.
As above, the punishment shall be determined by taking into account the following circumstances: (a) the Defendant’s reflects the nature of the offense; (b) there is no record of the offense beyond the fine; (c) the age, character and conduct, environment of the Defendant; and the motive, background, means and consequence of the Defendant’s committing the instant offense; and (d) the circumstances