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 August 28, 2009, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (driving in drinking), etc. on the part of the Friwon Friwon, and on April 28, 2014, a summary order of KRW 2 million for a violation of road traffic law (driving in drinking) was issued on the support of Friwon Friwon Friwon Friwon.
[2] On February 26, 2017, the Defendant driven B rocketing car under the influence of alcohol with approximately 200 meters alcohol concentration 0.127% from the 200m section to the front road of the Dokdo Island located in 1225 Espons in the same city from the roads near the Changcheon-si, Esphercheon-ro. 23:38 on February 26, 2017
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home and the statement on the circumstances of driving at home;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
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 of Article 62-2(1) of the Criminal Act on the grounds of protection and observation and order to attend lectures is that the Defendant was punished twice due to drinking, and the Defendant again driven a motor vehicle while driving a motor vehicle although he/she had a record of causing a traffic accident during drinking, and he/she was driving at the time of committing the crime.
It does not seem that there are inevitable circumstances that should be done, and the numerical value of alcohol concentration is considerably high after the blood was measured after the driving of this case.
However, the defendant does not commit a second offense while disposing of a vehicle that has been operated and reflected in the crime.
The punishment shall be determined like the order, considering the fact that the defendant has been subject to other criminal punishment in addition to punishment due to drinking driving twice, the fact that there is no record of other criminal punishment, etc. in favor of the defendant.