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
[criminal power] On May 8, 2009, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine for a violation of the Road Traffic Act, and on September 4, 2012, the Defendant received a summary order of KRW 4,00,000 from the same court as the same crime, and the same record is more than twice.
【Criminal Facts】
On August 26, 2016, at around 05:55, the Defendant driven a motor vehicle with low alcohol at the section of approximately 200 meters from the Do in front of a drinking house in which the trade name in the former Soul-gu under the influence of 0.189% of blood alcohol is unknown, to the front of the Dongju-gu Do in which it is difficult to identify the trade name in the former Soul-gu under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report on driving;
1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;
1. A report on internal investigation:
1. Sovereign photographs;
1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service, or order to attend lectures - Circumstances unfavorable to the accused: The extent of the reading (0.189% of blood alcohol level) including four times a stay of execution of the same criminal records (driving, drinking refusal), and the extent of the drinking (0.189% of blood alcohol level) - The circumstances favorable to the accused: serious reflectness, the lapse of more than ten years from the previous criminal records of the same kind of stay of execution - Comprehensive matters that may constitute conditions for sentencing under