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 May 10, 2007, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch, and a summary order of KRW 3 million as a fine for the same crime from the same support on May 21, 2013.
At around 22:30 on September 19, 2016, the Defendant driven B K9 car while under the influence of alcohol of about 0.147% of alcohol concentration at approximately 500 meters from the Do in front of the Seocheon-si Dup, Seocheon-si Dup to the road of about 326 Do in front of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control (List 2);
1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records (list 5);
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and imprisonment with prison 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 sentencing factors in the instant case, including the Defendant’s age, character and behavior, living environment, and circumstances after the crime, etc., are considered as follows: (a) the favorable circumstances in which the Defendant was given the reason for sentencing under Article 62-2 of the Criminal Act (no person has been convicted of confession, reflectiveness, suspended sentence), unfavorable circumstances (in spite of previous and three times, the nature of the crime in the instant case is pleasure) and other factors of sentencing as stated in