2013 Highest 3648 Violation of the Road Traffic Act (Retoxicated Driving)

○ Kim

Park Young-young (prosecutions) and leaptable (Public Trial)

December 19, 2013

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

Criminal History Office

On September 9, 2008, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on September 9, 2008, and a fine of 2 million won for the same crime at the same court on October 11, 2010.

On July 30, 2013: around 00:05, the Defendant driven a passenger car with a blood alcohol content of 0.161% on the Gi-Jung-Jung-gu Highway in Chungcheongbuk-si, Chungcheongnam-gu, Chungcheongnam-do, ** * Ho-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on his/her driver;

1. Criminal records;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (the short driving distance, drinking water, and reflects the wrongness, etc.)

C)

1. Probation and community service order;

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Yang Sung-chul