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 January 16, 2008, the Defendant was notified of a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) in the support of the Sungnam branch of Suwon branch of Suwon branch of the Republic of Korea on January 16, 208, and two million won as a fine in the same court on September 14, 2015.
[2] On June 11, 2017, the Defendant driven a Dscopic car from around 2 km to the front road of the luxic apartment complex located in the luxan Eup in Gwangju City, Gwangju City, to the luxic Factory, while under the influence of alcohol by 0.215% during blood transfusion at around 21:35.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
In light of the fact that the defendant had been punished for the same criminal record, he/she again drives alcohol, and that the blood alcohol level concentration is considerably high, etc., the quality of the crime is poor.
However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.