도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Criminal facts
On October 29, 2010, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000,00 as a fine for a violation of the Road Traffic Act, from the Jinyang Branch Branch of the Jung-gu District Court on December 4, 2012, to a fine of KRW 2,50,00,000, respectively.
As such, the defendant has been punished for the violation of the Road Traffic Act at least twice.
The Defendant, while under the influence of alcohol content of 0.095%, driven a ecoo motor vehicle at the section of approximately 100 meters from the 8th of the light village complex to the road of about 100 meters in front of the light village 8 complex, as far as the Defendant was in the ecoo-dong where he had a ecoo-scood movement in Yongsan-gu, Busan Metropolitan City on April 11, 2014.
Summary of Evidence
1. Statement by the defendant in court;
2. Inquiry the results of the drinking driving control;
3. Previous records of judgment: The application of criminal records, repeated statements, and statutes;
1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act of the option of punishment;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, and the fact that drinking driving is not likely to cause serious human and physical harm is an element for sentencing unfavorable to the defendant.
On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes and reflects all the facts charged in the instant case, and that there are circumstances to consider the drinking driving.
Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.