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 history] On December 15, 2008, the Defendant was notified of a fine of KRW 5 million by the Daegu District Court for a violation of the Road Traffic Act (driving). On December 24, 2010, the Defendant was notified of a fine of KRW 2.5 million by the same court.
[2] Defendant 1, who violated Article 44(1) of the Road Traffic Act twice or more, was driving a driver’s vehicle under the influence of alcohol leveling 0.228% from the 1km section of blood alcohol leveling from around October 19, 2016 to the front road of the Youngcheon Indoor Indoor Egynas located in the Yacheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-do, Seocheon-do, and around October 17:35, 2016, under the influence of alcohol leveling from around 1km to the front road in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age