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 February 5, 2015, around 18:10, the Defendant driven Dunst Motor Vehicle while under the influence of alcohol 0.21% in the section of about 2 km from the front of the public road B to the village entrance road located in C.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the driver, the details of enforcement, and the report on detection of the driver;
1. Requests for appraisal;
1. A report on the occurrence of a traffic accident or a report on a traffic accident (1, 2, and a report on actual condition);
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2
1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. has the record of criminal punishment of fines twice for the same crime, and there is a record of criminal punishment several times for any other crime.
Nevertheless, the Defendant caused danger to road traffic safety by causing traffic accidents while driving in the course of driving.
In light of the criminal history of the defendant and the nature of the crime of this case, it is inevitable to select imprisonment with prison labor for the defendant.
It is so decided as per Disposition in consideration of the above circumstances, the fact that the defendant is led to confession and reflect, the fact that the defendant does not drive under drinking again, the age, occupation, circumstances of the defendant, circumstances after the crime, etc.
It is so decided as per Disposition for the above reasons.