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 April 27, 2010, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court, and on May 24, 2010, a summary order of KRW 2,50,000 as a fine for the same crime at the same court on May 24, 2010, and on January 13, 2012, the Defendant was sentenced to a suspended sentence of KRW 2,50,000 for the same crime at the Seoul Central District Court.
On August 14, 2014, at around 00:12, the Defendant driven a DNA car with a blood alcohol concentration of about 0.121% from the 50m section of the Yeonsu-gu Incheon Metropolitan City to the front road of the same friendly apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, previous records of disposition and report on results of confirmation (a copy of summary order attached);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. In light of the fact that the defendant with reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and lecture attendance order, has a record of having been punished several times for the same crime, etc., the defendant must be punished strictly.
However, the punishment shall be determined as ordered in consideration of various factors of sentencing, such as the defendant's age, character and behavior, environment, etc., other than the record of the above decision, the distance from drinking driving, the fact that there is no other punishment force except for the record of the above decision, the family members to support.