도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 August 27, 2010, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul East Eastern District Court, a summary order of KRW 2 million for the same crime at the same court on December 8, 2011, and a summary order of KRW 5 million for the same crime at the Seoul Northern District Court on September 24, 2013, respectively.
【Criminal Facts】
The Defendant is a person who is engaged in driving a K5-car.
Although the Defendant had been punished on at least two occasions as stated in the above criminal records, on September 22, 2013, at around 23:07, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of about 0.096% from the section of approximately 12 km from Yangcheon-gu Seoul Metropolitan Government to the Seongbuk-ro 21-ro, Seongbuk-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A previous conviction: An inquiry report, an investigation report (Attachment of a summary order), and application of each summary order Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving 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 again committed the instant crime, despite the fact that the reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture had a record of being punished three times due to drinking driving, etc., the nature of the instant crime
However, considering the fact that the defendant was committed in this case and reflects his mistake in depth, that the defendant's blood alcohol concentration is not high, and other sentencing conditions as shown in the records, such as the defendant's age, character and conduct, and environment, the punishment as ordered shall be determined.