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 records] The Defendant is a person with the same criminal records up to five times, including being sentenced to a fine of 2.5 million won for a violation of road traffic laws (driving alcohol) at the Jung-gu District Court on January 13, 201, and a fine of 5 million won for the same crime from the Suwon method on July 24, 2014.
[2] On November 9, 2017, around 23:49, the Defendant driven a B Car under the influence of alcohol content of 0.10% at a section of approximately 100 meters from the underground parking lot located in Dong-dong, Jungdong-gu, Gyeonggi-do, Gyeonggi-do to the roads in front of the same Dong-si village.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been subject to punishment several times for the same crime. The favorable circumstances - the defendant recognizes all the criminal facts. The defendant has no record of having been sentenced to a fine until now. - The defendant's records of drinking of alcohol in 2002, 205, 2006, 201, 201, and 2014 are one time each, and the defendant's records of drinking of alcohol do not seem to have a habit of driving alcohol. The above circumstances do not seem to have a habit of driving alcohol, taking into account all the sentencing conditions revealed in the trial process. The sentence should be imposed as ordered by the order.