도로교통법위반(음주운전)등
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 April 2, 2016, the Defendant driven B Poter-II cargo under the influence of alcohol content of 0.214% at the 321m sections in front of the 321st century, as a citizen of the Gu Council around 22:20 on April 2, 2016, the Defendant driven the B Poter-II truck with alcohol content of 0.214% in blood.
On April 23, 2009, the Defendant was sentenced to a summary order of KRW 2 million by the Seoul Northern District Court on April 23, 2009 due to a violation of Road Traffic Act (drinking), and was charged with non-detained on May 17, 2016 with a District Court on May 17, 2016.
On June 16, 2016, the Defendant driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
In this respect, even though the Defendant violated the prohibition on drinking at least twice, he again driven a car while under the influence of alcohol.
Summary of Evidence
[2016 order 1663]
1. Statement by the defendant in court;
1. Notification of the result of crackdown on driving alcohol (2016 order 2522);
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of such previous history), investigation report (the continuation of judgment in the workplace district court) Acts and subordinate statutes;
1. Article 148-2 subparag. 1, Article 44 subparag. 2 subparag. 1, Article 44(1) of the Road Traffic Act (the point of self-driving on April 2, 2016), Article 148-2 subparag. 1, Article 44(1) of the Road Traffic Act (the point of self-driving on June 16, 2016), Articles 152 subparag. 1, and 43 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Suspension of execution;