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 of the final judgment.
Punishment of the crime
[criminal power] The Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 14, 2011, and was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) in the Jung-gu District Court on June 13, 2013. < Amended by Act No. 11871, Jun. 13, 2013>
[2014 Highest 5048] On July 5, 2014, at around 06:15, the Defendant driven BM7 car under the influence of alcohol concentration of approximately 0.165% from the section of about 64 meters to the front road of the Mana-dong, Nam-gu, Incheon Metropolitan City, for approximately 06:15 on the same day.
[2014 Highest 6343] Around 00:30 on August 1, 2014, the Defendant driven a BM7 car under the influence of alcohol concentration of approximately 500 meters from the front of the Gisung Dong-dong, which is located in the Tridong, to the 8rd apartment complex in the same Sinan-dong.
Summary of Evidence
[2014 Highest 5048]
1. Defendant's legal statement;
1. Report on circumstantial statements of a drinking driver, report on detection of a drinking driver, investigation report (related to the period of drinking alcohol driving, distance specified by the suspect);
1. Previous records of judgment: A reply to criminal records, a criminal investigation report (Attachment to a suspect's previous records and related judgments);
1. Defendant's legal statement;
1. Report on the circumstances of driving under the influence of alcohol and inquiry into the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions, reporting on results of confirmation, confirmation of criminal records of the same kind, attach a summary order, and application of Acts and subordinate statutes to investigation reports (in progress confirmation);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense.
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act
1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.