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] The Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law from the Suwon Flag Flag on August 29, 2003 as a crime of violation of road traffic law, KRW 2 million as a fine for a violation of road traffic law from the Suwon Flag Flag on June 1, 2007, and KRW 2 million on October 12, 2012 as a fine for a violation of road traffic law (driving under the influence of alcohol) from the Suwon Flag Flag on October 2, 2012.
[Criminal facts] On October 24, 2017, the Defendant driven a B B-P car under the influence of alcohol level of about 0.082% in alcohol level on the section of approximately 1.1km from the roads near the trade name in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, U.S. to the roads front of the Hoyang-si, Hoyang-si, Hoyang-si.
As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven the said car while under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of crime history after June 1, 2006)-related Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. Reasons for sentencing under Article 62-2 of the Criminal Act - Giving unfavorable circumstances: Before driving like drinking and three times before driving at a disadvantage; - A favorable circumstance: The defendant has no criminal records of imprisonment without prison labor or any heavier punishment while recognizing the crime;