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 March 25, 2013, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violation of road traffic law in the Gwangju District Court’s net support on March 25, 2013, and was sentenced to imprisonment with prison labor for 6 months and suspended execution for the same crime in the same court on November 6, 2013.
[2] On January 27, 2016, the Defendant driven a B-ri vehicle at approximately 5km from the front road of the 2nd apartment of the 2nd apartment of the 2nd apartment of the 2nd apartment of the 2nd apartment of the 2nd apartment of the 2016-ri city with alcohol concentration of 0.105%, while under the influence of alcohol during blood at around 23:44.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of such previous history and text of the judgment);
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 with regard to the crime of this case on the grounds of protection observation and order to attend lectures, and the crime of this case on the grounds of sentencing is that the same vehicle has a record of punishment twice due to drinking driving, and it is not good that the crime is committed.
However, in consideration of the favorable circumstances such as the confession, reflection, the fact that the defendant is showing to sell the car with the end of B operated, the fact that he suffers from the depression, and other factors of sentencing as shown in the records, such as the defendant's age, sex, and circumstances after the crime, the sentence shall be determined as ordered.