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 February 11, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court through the Changwon District Court on February 11, 2009, and a summary order of KRW 3.5 million for the same crime at the same court on December 4, 2009.
[2] On March 26, 2017, the Defendant driven a hived car with alcohol level of about 0.162% in the 5km section from the 19:26 macroscopic 442 to the 19:26 macroscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic m
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);
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 reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant was punished four times by a fine due to traffic-related crimes, such as drinking without permission, driving without permission, etc., and that the Defendant’s blood alcohol concentration is relatively high, etc. that are disadvantageous to the Defendant.
However, considering favorable circumstances, such as the fact that the Defendant was committing the instant crime, the fact that the Defendant had no record of punishment exceeding the fine due to traffic-related crimes, etc., the Defendant’s age, sex, environment, motive, means and consequence of the commission of the instant crime, and all other circumstances constituting the conditions for sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, shall be determined as ordered.