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 August 11, 2010, the Defendant received a summary order of KRW 4,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Jeonju District Court, and on July 22, 2015, the Defendant received a summary order of KRW 4,00,000 as a fine for the same crime in the same court.
Although the Defendant had been driving force twice as above, on April 7, 2018, around 09:42, the Defendant driven B rocketing car while under the influence of alcohol concentration of about 0.068% during blood in the section of about 10km from the Do in front of the Yan-gu, U.S., U.S., to the superior of the Yan-gun, Yan-gun, Yan-gun, the Do in front of the Do.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Statement report on the situation of the driver at the main place and investigation report;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.
However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the fact that the defendant is against himself/herself and has no record of crime exceeding the fine, the age, family relationship, drinking volume, the circumstances and results of the crime, and the circumstances after the crime.