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 Force of Crimes】 On February 18, 2009, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court on February 18, 200, and on April 14, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving).
[Criminal facts] On September 12, 2017, around 21:54, the Defendant driven C, while under the influence of alcohol leveling 0.135% from the ten-meter section of alcohol level to the road in front of the 115 “Seoul High School” road located in 107 as the “Seoul High School,” the “Seoul High School,” which was located in 107, the same as the “Seoul High School,” to the road in front of the “Seoul High School,” the same outdoor music hall.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Photographs at the time of crackdown, report on the circumstances of the driver under driving, investigation report (report on the circumstances of the driver under driving under the influence of alcohol), and notification of the results of regulating drinking driving;
1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already served on criminal punishment for the same kind of crime several times, but the crime of this case has already been committed, drinking level is high, and the defendant is at the time of committing the crime of this case, driving distance is short, and other circumstances shown in the argument of this case are considered.