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 July 11, 2008, the Defendant issued a summary order of a fine of five million won for a violation of road traffic laws at the Seoul Eastern District Court on July 11, 2008, and a summary order of two million won for a violation of road traffic laws at the Seoul Northern District Court on August 25, 2006, as well as three times the driving power of drinking.
[2] On March 17, 2018, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol two or more times, driven a Bcro 300-C car under the influence of alcohol with the alcohol concentration of approximately 0.064% from the blood alcohol concentration of approximately 60km to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and summary order, to two copies of the Act and subordinate statutes;
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 of the Criminal Act include: (a) the fact that the Defendant again committed a crime even though he/she was punished three times due to drinking, etc.; and (b) the fact that he/she is making a confession while making a confession, etc. shall be considered as favorable circumstances; and (c) the punishment as ordered shall be determined by taking into account all the circumstances of sentencing, such as the Defendant’s age, sex, environment, motive and circumstance