도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 18, 2008, the Defendant was punished by a fine of one million won due to a violation of road traffic law in the support for the development of the source of a water source method in Ansan, and on March 7, 2012, the Defendant was punished by a fine of four million won due to a violation of road traffic law in the support for the development of the source of a water source method in Ansan, etc. on at least two occasions.
On July 14, 2018, the Defendant driven B K3 cars while under the influence of alcohol content of approximately 0.192 percent from approximately 1 kilometer to approximately 873 square meters in the center of the constituent members of Ansan-si, a member of Ansan-si, 2-ro, 186, Gosi-gu, Gosan-si, a member of Ansan-si, to the neighboring road of Ansan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Request for appraisal, response to a request for appraisal, and report on investigation (the result of blood collection appraisal);
1. Previous convictions in judgment: Application of inquiry requests, such as criminal history, and investigation report Acts and subordinate statutes;
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 reason for sentencing under Article 62-2 of the Criminal Act is that there is a record of being punished by a fine for driving under drinking twice the reason for sentencing, and the degree of alcohol concentration in blood is relatively high and thus it is also necessary to make a strict punishment.
However, after the accident did not occur and about six years have passed since he was punished for drinking driving twice, the crime of this case was committed, there was no record of punishment exceeding a fine due to the same kind of crime, and there was no record of punishment, and the circumstances against which it was reflected, etc., the punishment shall be determined as ordered by the order.