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 of the final judgment.
Punishment of the crime
On January 24, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Jeonju District Court on January 24, 2008, and a fine of three million won for a violation of the Road Traffic Act at the same court on October 28, 2008.
On August 10, 2013, at around 05:56, the Defendant driven a CMW 530i car under the influence of alcohol content 0.176% from the section to the National Police Agency’s distance, which was in front of the 151’s '151' Escopic vibration in the Sogjin-gu Seoul Metropolitan City, Seoul Metropolitan City, from the front of the '151'-copic road to the National Police Agency’s death distance in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on collection of blood for drinking;
1. Previous convictions: To refer to inquiries, such as criminal records, and to inquiries and criminal investigation reports, and the application of 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for the punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. Taking into account the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act has three times the experience of punishment for drunk driving, the records of punishment for non-exclusive driving, and the records of suspended execution for traffic accidents on one occasion, and the above traffic accidents are the past record of about 14 years prior to the date of punishment exceeding the fine, other than the past record of punishment exceeding the fine, and the defendant shows the attitude of confession and rebuttal in the court, etc., the sentence like the above order shall be imposed.