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
[criminal history] On May 23, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violating the Road Traffic Act in the Gwangju District Court's support on May 23, 2008, a summary order of KRW 1 million for the same crime in the same court on October 19, 201, and a summary order of KRW 2 million for the same crime in the same court on December 5, 201, respectively. On January 15, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in August.
[2] On January 20, 2016, the Defendant driven a B Poter-II truck under the influence of alcohol with approximately 0.078% alcohol concentration from the 2km section to the 2km road located in the same Eup/Myeon located in the same Eup/Myeon from the Do in front of the Dong bank disciplinary action in the Pyeongtaek-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, Seoul Special Metropolitan City on January 20, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver driving a drinking, report on the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, and notification on the completion of correction;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation, etc. of such previous history);
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. 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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act requires a corresponding punishment in light of the fact that the defendant again committed the instant crime even though he/she had a record of punishment for the same kind of crime several times.
However, the sentencing conditions indicated in the records of this case, including the defendant's age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, are against the defendant's mistake and there is no record of punishment until the punishment has yet to be imposed.