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
[Power of crime] The defendant was issued a summary order of one million won or more for a violation of road traffic law at the original branch of the Chuncheon District Court on February 26, 2008, and a summary order of 2.5 million won or more for the same crime at the same court on December 29, 2009.
[Criminal facts] On June 30, 2018, the Defendant driven B rocketing car under the influence of alcohol content of about 0.147% from the section of approximately 6km to the front road of the “picker,” which is located in the 19th city of Gangseo-si, Seone-si, Seone-si, 2018, from the front road of the “picker,” which is located in the 19th city of Gangseo-si, Gangseo-si, 2018.
Accordingly, even though the defendant was punished for driving under drinking more than twice, he was driving a motor vehicle under the influence of re-driving.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of suspect drinking records), and application of summary order Acts and subordinate 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and all the conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime, the sentence as ordered shall be determined.
Unfavorable circumstances: The fact that the crime of the same kind is repeatedly committed, the situation that the drinking volume is very favorable: The confession and the mistake is divided, and there is no record of punishment exceeding the fine.