도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for seven 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 October 29, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 2.5 million for the same crime at the Jung-gu District Court on October 13, 201.
[Criminal facts] On October 22, 2016, the Defendant driven B, while under the influence of alcohol, at approximately 90km section from around 90km to around 198, to the B, while under the influence of alcohol, from around 90km to around 198, the Defendant driven B, under the influence of alcohol at around 0.11%.
Therefore, even though the Defendant had driven a motor vehicle under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;
1. Records of judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Code for an order to attend a lecture are that the defendant had already been punished twice due to drinking, but again drives drinking, under the circumstances unfavorable to the defendant, the defendant is divided his mistake, and the defendant has no record of punishment heavier than the fine three times, etc., in consideration of the circumstances favorable to the defendant, and the above punishment shall be determined as above.