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
On November 9, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Changwon District Court, and a fine of 5 million won for a crime of violating the Road Traffic Act at the same court on June 18, 2009, respectively. On February 10, 2014, the Defendant was issued a summary order of 6 million won for a crime of violating the Road Traffic Act.
On June 4, 2017, the Defendant driven a 2km B K7 car at approximately 111 km-ro 30 knife in front of the 111th naval Education Headquarters, while under the influence of alcohol content 0.080% during blood transfusion around 09:40%.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report of the situation of the driver 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 (Attachment to the judgement, etc.);
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 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (i.e., the fact that the Defendant, while breaking his mistake in depth, does not commit a crime in the future; the instant crime does not cause any traffic accident at the time of the instant crime; and the Defendant’s blood concentration has not been high); and
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);
1. An order to attend a course under Article 62-2 of the Criminal Act;