도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 7, 2012, the Defendant was sentenced to a fine of four million won as a crime of violating the Road Traffic Act at the Jeonju District Court on September 7, 2012, and a fine of two million won as a crime of violating the Road Traffic Act at the Jeonju District Court’s Gunsan Branch on April 28, 2014.
On December 24, 2016, at around 05:30, the Defendant driven B-low-scale car under the influence of alcohol with approximately 2km alcohol concentration of about 0.137% from the 2km section in the same Sincheon-dong from the front of the mutual influence restaurant located in the Macheon-dong of the same city to the front road.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The defendant, who has been punished twice due to driving of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act under the suspended sentence, is under drinking, and the nature of the crime is not weak, and in particular, driving of alcohol is a large accident by driving under the condition that the exercise ability of caution and body is significantly deteriorated, and thus, is highly likely to cause serious harm and injury to other unspecified persons. However, although there are circumstances unfavorable to the defendant, the defendant's mistake is recognized and contradictory, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be determined in accordance with the disposition.