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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 27, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court. On September 8, 2010, the Defendant was issued a summary order of five million won for the same crime, etc. at the same court. On October 25, 2011, the Defendant was sentenced to a suspended sentence of one year for six months for the same crime.
On June 27, 2017, the Defendant driven B knife vehicle at a section of approximately 300 meters near the Dong-dong, located in the Seo-gu, Busan, under the influence of alcohol content of 0.075% among blood transfusions, around 21:48, at a level of approximately 300 meters near the Dong-dong road located in the same Dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):
1. Although there was a record of three times criminal punishment due to the observation of protection, order of community service and order of education under Article 62-2 of the Criminal Act due to driving of drinking alcohol for the reason of sentencing, the liability for the crime of this case is not less than that of the crime, but the fact that the mistake is recognized, the drinking value is less than 0.1%, the defendant's age, sex behavior, environment, circumstances leading to the crime, etc., and the circumstances after the crime shall be determined as ordered by the order.