도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 May 29, 2012, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 29, 2012, and on August 17, 2016, the same court issued a fine of two million won for a crime of violating the Road Traffic Act.
On March 21, 2018, the Defendant driven a motor vehicle with approximately 3 km two km from 262, around 262, while under the influence of alcohol level 0.087% among the blood transfusion around 00:01, the Defendant was driving a motor vehicle with approximately 3 km from the 659-ro, Bupyeong-gu, Incheon.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking, report on the situation of driving of drinking and report on the circumstances of the driver of drinking;
1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation report (formers and attachment of the summary order) and application of each summary order 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. 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. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are against the defendant's wrongness, taking full account of the circumstances leading to driving of the instant drinking, the degree of alcohol content (0.087%) in blood, the content and frequency of the records of the same crime, the circumstances after the crime, and other conditions of sentencing as set forth in the trial, such as the defendant's age, sex behavior, and economic circumstances, etc.