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
On July 30, 2010, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on March 2, 2016, issued a summary order of KRW 2 million as a fine for the same crime from the Hayang Branch of the District Court on the ground of the same offense.
On December 29, 2016, at around 00:00, the Defendant driven B K7 car under the influence of alcohol content of about 0.183% in a section of about 500 meters from the front of the Dmerar apartment in Seo-gu Incheon, Seo-gu, Incheon to the Ecuburian road No. 264 in the same erorogate.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, appraisal of alcohol during blood, and report on the detection of the driver under driving under drinking;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (suspects and their previous convictions);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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 defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures again committed the instant crime even though he/she had been punished for driving under drinking twice or more.
However, considering that there is no record of punishment in excess of a fine, the punishment shall be determined as per the order.