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.
Criminal facts
On November 12, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch on November 12, 2009, and on May 3, 2010, a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court.
On February 7, 2017, at around 00:03, the Defendant driven a BN-si car under the influence of alcohol concentration of about 300 meters at a distance of about 00 meters at the center located in the central east-gu, Sungwon-si, Sungwon-si, a dong, which is located in Sungwon-si, Sungwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.
On the other hand, the defendant has been punished for driving under drinking even before, and is disadvantageous to the defendant.
In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.