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 Nov. 12, 2009, the defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) at the Changwon District Court on Nov. 12, 2009; on Apr. 4, 2008, the defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (licensed driving) and for a suspended sentence of two years; and on five occasions, the defendant was sentenced to a total of the criminal records for a violation of the Road Traffic Act (driving on Drinking
【Criminal Facts】
At around 17:20 on May 2, 2013, the Defendant driven Dunst Motor Vehicle at approximately 4 km to the road near the Defendant’s residence located in the Chang-gu Jinag-gu C in the same Gu on the roads adjacent to the same Gu, while under the influence of alcohol by 0.175% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (formers and results reports) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The sentence of Article 62-2(1) of the Criminal Act for probation and community service order is imposed only once, taking into account the following factors: (a) Defendant has several times of criminal history of the same kind of crime; (b) in particular, even though having been sentenced to the suspension of the execution of imprisonment due to drinking driving, etc., if the same crime has been committed repeatedly; (c) the responsibility for the crime is extremely large; (d) his mistake has been divided in depth; (c) the process of the crime is deemed to have been experienced with depression, depression, yellow disorder, and alcohol respect; and (d) the eradication of drinking driving in the future is being eradicated.
In addition, probation is promoted to eradicate drinking driving.