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 14, 2010, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Daegu District Court on the same day, and on October 19, 2010, the Defendant used the same electric power once more than twice, as well as the Defendant was sentenced to a fine of KRW 1 million by the same court due to the same crime.
The Defendant, on December 8, 2017, 22:43 around 22:43, the Daegu Dong-gu, Daegu Dong-gu, 2:45, hereinafter referred to as the “compassing restaurant,” located in the same way 84-1, in the same way as “Bed Dob and Dob”
From approximately 200 meters to “in front of a restaurant,” a person driving B A-A6 car under the influence of alcohol with a alcohol content of 0.102% in blood.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to a report of investigation (former and conclusive);
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. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the fact that the defendant's mistake is recognized and against his/her will not drive drinking again; (b) the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc.; and (c) the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: