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
On November 22, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Busan District Court.
1. On August 9, 2014, the Defendant driven BM5 vehicle under the influence of alcohol content of about 0.151% from the 50-meter section to the 50-meter section from the roads in front of a cafeteria located in the Busan trigram Act, Busan, to the roads in the same Dong, around 0:25, the Defendant driven BM5 vehicle under the influence of alcohol content of around 0.151%.
2. On September 2, 2014, the Defendant, as stated in the above criminal records and criminal facts paragraph (1), driven the above SM5 vehicle under the influence of alcohol content of approximately 0.124% from the 200-meter radius to the road front of the bus closing point of Busan City (Gu) around September 23:10, 2014 to the road front of the bus closing point of the same Dong (Gu) around September 23:10, 2014.
Summary of Evidence
1. Each police interrogation protocol against the accused;
1. A report on the actual state of each host driver;
1. Inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records and court rulings), application of statutes governing judgment;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1, (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime;
1. Selection of imprisonment with labor taking into account the repeated crimes of the same kind of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectiveness of the accused and the fact that there is no excess criminal records of the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Order to attend lectures under Article 62-2 of the Criminal Act;