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 December 27, 2010, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on October 8, 2012, a summary order of KRW 8 million was issued to the Changwon District Court to a fine for a violation of the Road Traffic Act.
At around 14:40 on July 12, 2015, the Defendant driven a DNA strawing car with a blood alcohol content of about 1km from the front of a mutually influent restaurant located in the Chang-si, Chang-si, Jin-si, Kim Young-si to the front day of the Doring Age Key Agency in the Jin-si, Jin-si, Kim Young-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on personnel actions, report on the status of, and notification of correction of, a host driver;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, as stated in the facts constituting the crime of violation of the Road Traffic Act, in addition to the punishment of fines for violation of the Road Traffic Act, and even if the same power was more than twice, the crime of this case is committed again. The blood alcohol concentration at the time of driving of this case is very high, and the fact that traffic accident has occurred.
However, it is true that the defendant repents and reflects the wrongness of the defendant, and again does not drive the motor vehicle, such as selling the motor vehicle of this case, etc., the personal damage has not occurred due to the traffic accident caused by the drinking driving of this case, the defendant has no criminal record of suspension of execution or higher, and other reasons.