도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence 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 December 24, 2010, the Defendant was issued a summary order that imposes a fine of three million won for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on the same day. On July 12, 2013, the Defendant was issued a summary order that imposes a fine of seven million won for the same crime at the same court.
[Criminal facts] On March 9, 2016, under the influence of alcohol level of 0.156% among the blood transfusion around 23:50 on March 9, 2016, the Defendant driven B B B B from the roads near the new-dong Elementary School in Gangnam-gu Seoul Metropolitan Government to the same 550-way road.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of a traffic accident prepared by C;
1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and measurement of the measuring instruments for drinking;
1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include the fact that the Defendant, as stated in its reasoning, has been punished for drinking driving two times but again drives in a state of drinking exceeding 0.1% in blood alcohol level, the Defendant’s age, sexual behavior, environment, criminal record (five times in total) and control (five times in total) and other various sentencing conditions, such as the circumstances after the crime, etc., shall be determined as follows.