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 January 15, 2010, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch on January 15, 2010, and on May 28, 2013, the same court issued a summary order of KRW 2 million for the same crime. On December 4, 2013, the Defendant filed a request for a summary order of KRW 5 million for the same crime with the Incheon District Court.
【Criminal Facts】
The Defendant, “2014 Highest 519,” even though he had a alcohol driving force twice or more as above, was driving BEE car at around December 5, 2013 at around 17:12, 2013, under the influence of alcohol concentration of approximately 0.087% at the section of approximately 1.5 meters from the Do in front of the T-dong T-dong T-dong T-dong T-dong, Incheon, Nam-gu to the road of approximately 573-8 meters.
around 10:00 on December 29, 2013, the Defendant driven BEX car under the influence of alcohol content of about 0.056% from around 500 meters to around 79, Dong-dong, Dong-dong, Seo-gu, Incheon, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the proper driving of a drinking driver, inquiry into the results of the control of drinking driving, and investigation report (compact application);
1. Previous records: The application of Acts and subordinate statutes to criminal records and investigation reports (report attached thereto, such as a copy of indictment);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1548, Jan. 2, 2007)
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;