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 September 28, 2010, the Defendant was sentenced to a fine of KRW 4 million by the common military court of the 51 Army in the Army due to a violation of the Road Traffic Act (drinking), etc., and on June 8, 2017, issued a summary order of KRW 4 million to the Incheon District Court due to a violation of the Road Traffic Act (drinking).
On May 3, 2017, at around 03:40 on May 3, 2017, the Defendant driven CK5 vehicle under the influence of alcohol content of about 0.182% in blood from about 4km section to the front road for charging charge of GSPG located in the Young-gu, Young-gu, Young-gu, Young-gu, Young-si, Young-si, the Defendant driven CK5 vehicle under the influence of alcohol content of about 0.182% in blood.
As a result, the Defendant, even though he had been punished twice due to drinking, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Statement of the circumstances of the driver involved in driving;
1. A traffic accident report, on-site photographing photographs;
1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);
1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.
[ favorable circumstances] The Defendant, who led to the confession of the instant crime, recognized his mistake, endeavored to prevent recidivism by disposing of the vehicle, etc., the Defendant has no record of punishment exceeding the fine, and the Defendant shall support a Grade V with a delay disability.