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 September 24, 2009, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine for a crime of violation of road traffic law, and a fine of KRW 2 million from the Eup branch of the Jeonju District Court to a fine for the same crime on March 19, 2015, respectively.
[2] On March 6, 2018, the Defendant driven a BS-type car under the influence of alcohol content of approximately 0.085% from a 500-meter section from the day before the restaurant, which was located in the former Kim Jong-dong, Kim Jong-dong, to the day before the sex church located in the same city-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection of drivers in violation of traffic Acts on roads;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the past criminal 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. 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 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.
However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sexual conduct, family relationship, environment, circumstances after and result of the crime, etc., and the sentence of a fine twice, and the defendant's age, sexual conduct, family relationship, environment, circumstances after the crime was committed.