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 June 18, 2009, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court. On June 24, 2009, the Defendant was sentenced to a fine of eight months due to a violation of the Road Traffic Act (dacting driving) at the Busan District Court.
On October 03, 2017, the Defendant driven a B rocketing vehicle from around 1km to around 0.208, while under the influence of alcohol level of 0.208% during blood transfusion on around 08:15, the Busan Young-gu public parking lot in the Southern Port (Yando) Nam-gu, Busan to around 1km in the same Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written response to a request for appraisal;
1. Investigation report (No. 9 No. 5 of the evidence list);
1. Inquiry about criminal history;
1. Application of a copy of judgment;
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 history of 4 times criminal punishment due to the driving of drinking alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, the punishment for the crime is not less less severe than that of causing traffic accidents while driving at the same time, in light of the past records of criminal punishment for driving without a license, although the awareness of compliance with the traffic laws and regulations is weak, the fact that there is no record of criminal punishment for the same crime after June 2009, and that there is no record of criminal punishment for the same crime after the defendant's age, sex behavior, environment, background leading to the crime, circumstances leading to the crime, etc. is determined as set forth in the order as above, comprehensively taking account of the defendant's age, sex behavior, crime, and circumstances after the crime.