도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 April 3, 2012, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in Daegu District Court and its branch court, and on May 11, 2012, the Defendant was issued a summary order of KRW 6 million due to a fine of violation of the Road Traffic Act.
On April 17, 2014, at around 23:28, the Defendant driven a B B B B B-type car from the 2km-dong around the Busan Sogsan-dong to the road around the Busan Sogdong-dong hot Spring 2-dong, Busan, under the influence of alcohol content of 0.27%.
As a result, the Defendant driven a motor vehicle under the influence of alcohol even though he had a record of punishment more than twice due to drinking.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and the register
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of sound records);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);