도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Power】 On February 7, 2007, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act at the Daegu District Court, and on November 21, 2008, the Defendant received a summary order of a fine of two million won or more for the same crime at the same court.
【Criminal Facts of Crimes】 On September 19, 2015, the Defendant driven a vehicle of 15km-turturged from around 07:11 to around 0.086% of blood alcohol level, while under the influence of alcohol at around 07:11.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;
1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 (The following extenuating circumstances among the reasons for sentencing);
1. The criminal liability of the defendant is very heavy in view of the fact that the defendant committed the instant crime in spite of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had the history of serving a fine twice due to drinking driving.
However, the punishment as ordered is determined by taking into account the following factors: (a) the confession of the Defendant and his depth is against the Defendant; (b) there is no record of punishment exceeding the fine; and (c) the degree of the Defendant’s primary exploitation (the blood alcohol concentration 0.086%) is relatively minor at the time of the instant crime; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc.