도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 May 6, 201, the Defendant issued a summary order of which the Seoul Central District Court imposed a fine of three million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court; on September 7, 2012, the Seoul Central District Court issued a summary order of 1.5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court; and on September 13, 2013, the Defendant was sentenced to a suspended sentence of two years.
【Criminal Facts】
On August 18, 2015, the Defendant: (a) was a person with two or more drinking skills as above; (b) driven a CP car under the influence of alcohol with a blood alcohol concentration of about 0.074% from the 2km section of approximately 2km to the front road of “Mannam-dong,” which is the vicinity of the Geum-gu, Seo-gu, Busan, Busan, to the roads adjacent to the same Gu-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of drinking control;
1. Report on circumstantial statements;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);
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 or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, had three times of drinking driving skills as seen above, and had three times of driving without obtaining a license, again driven under the influence of alcohol.
The defendant's drinking operation is suspected of habitualization, and it seems that the defendant does not properly recognize the social risk of drinking driving, and the quality of the crime is not good.
However, considering the fact that the blood alcohol concentration level was relatively low compared to the circumstances favorable to the defendant, the punishment is determined as ordered in consideration of various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime.