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 March 27, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of obstructing the performance of official duties and violating the Road Traffic Act (drinking driving), etc. in the Gyeyang Branch of the District Court on March 27, 2008, and on April 22, 2014, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) in the same court.
On June 6, 2017, around 23:30, the Defendant driven B-low-income cars in the state of alcohol alcohol concentration of about 0.175% from the 3km section of blood alcohol level at around 3 km to the roads in front of pair-dong Pung-dong Pung-dong (U.S.) in order to improve the quality of the P-dong at around 23:30 square meters.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol;
1. A traffic accident report;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant, even though he had the history of driving under the influence of drinking (suspension of execution and fine) on two occasions, was driving under the influence of drinking.
However, while the defendant tried to start a new life before marriage, he shows an attitude against the crime of this case.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.