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
[criminal history] On January 17, 2014, the Defendant was punished for a crime of violation of road traffic law in the Chuncheon District Court, including a fine of five million won, and a fine of one million won in the same court on April 23, 2013, and a fine of one million won is sentenced for the same crime.
[2] On November 26, 2015, the Defendant driven Ci30 automobiles in the section of approximately one kilometer from the front of the red tourist hotel located in the Gangseo-gun Hongcheon-gun Hongcheon-do Hongcheon-do, Hongcheon-do, Hongcheon-do, to the front of the road located in the same Eup/Myeon 453 times in the shape of alcohol content at around 04:10 on November 26, 2015.
Accordingly, the Defendant, who had driven a motor vehicle twice or more as above, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
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 extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a dangerous crime that may cause the general public to kill. The defendant, even though he/she was punished three times due to drinking driving, repeats the same drinking, so it is necessary to severely punish him/her.
However, the defendant does not have the same criminal record as a fine and does not commit a second offense.
The punishment shall be determined by taking into account the fact that the defendant's age, occupation, family relation, etc., and all the sentencing conditions specified in the arguments.