도로교통법위반(음주운전)등
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 24, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving of Drinking) from the Suwon District Court on June 24, 2016, and by receiving a summary order of KRW 3 million for the same crime from the Daejeon District Court on December 5, 2008.
On July 12, 2017, the Defendant driven a BM5 vehicle under the influence of alcohol level of 0.186% during blood transfusion at around 23:27, and operated a section of approximately 500 meters in front of the road located in the front of the Panan Underground Road located in the middle of the Eup, Do in Ansan-si, Do in the city of Ansan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving on the owner, report on the circumstances of the driver on the owner’s license, and the register of driver’s licenses;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. The fact that the sentencing grounds of Article 62-2 of the Criminal Act is against the order to provide community service and attend lectures, the fact that there is no record of punishment exceeding the fine, the fact that drinking is considerably high, the five times of the same electricity ( ① the fine for drinking in 2005, ② the fine for drinking in 2007, ③ the fine for drinking in 2008, ④ the fine for drinking in 2016, ⑤ the fine for drinking in 2016, ⑤ the fine for driving in 2016, ⑤ the fine for driving without a license in 2016), and other various conditions for sentencing, such as