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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2008, the defendant issued a summary order of 2 million won for the violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on October 2008, and on October 23, 2009, the same court issued a summary order of 2.5 million won for the violation of the Road Traffic Act.
On August 31, 2018, the Defendant driven a DM3 car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.157% from the 50-meter distance from the front of the Gu C apartment bus stops in Ansan-si to the front of the same Gu C apartment bus stops.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving, as a person who violated the prohibition of drunk driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. The application of criminal records, inquiry reports, and Acts and subordinate statutes for the confirmation of the same kind of power;
1. Article 148-2(1)1 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Articles 44(1)1 and 44(1) of the relevant Act on criminal facts; the choice of imprisonment with labor
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the high-level level of blood alcohol concentration in sentencing under Article 62-2 of the Social Service Order Act; (b) the previous convictions of the same kind of fine are several times; (c) the Defendant reflects his/her imprisonment without prison labor or any heavier punishment; (d) the Defendant’s age, character and conduct, family relationship, environment, circumstances of the crime and result; and (e) the circumstances shown in the arguments in the