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 October 28, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) and a fine of KRW 3 million for a violation of the Road Traffic Act at the same court on December 19, 2008. On January 5, 2009, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of the Road Traffic Act (driving) at the Sungnam branch of the Suwon District Court on March 15, 201. On December 15, 201, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Road Traffic Act (refluence) at the Sungnam branch of the Suwon District Court on March 15, 201 and was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (refluence).
【Criminal Facts】
On August 25, 2014, at around 22:47, the Defendant driven a C-Woon-Wood vehicle with approximately KRW 1k’s alcohol content 0.156% in a section of approximately 1km from the front of the restaurant, to the front of the “frur smart” road located in the same Dong.
Therefore, even though the Defendant violated the regulations on prohibition of drinking driving more than twice, the Defendant again driven a car while under influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the report on the situation of drinking drivers;
1. Previous convictions as stated in the judgment: Criminal history records, investigation reports (Attachment to the judgments, etc. on the same kind of power), court rulings 2008 Gonam-gu 2463, High Court rulings 2008 Gonam-do 2008 Goyang-do 14373, High School Order 2008 Goyang-do 20703, High School 2008 Goyang-do 20703, High School 201 High School 10938, and the application of summary order statutes;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for a crime, and the choice of imprisonment (including the fact that there are records of past punishment for the same kind of crime, and that there are very high blood alcohol concentration);
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Jan. 1, 2001>
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Order of community service;