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 December 16, 2004, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking) at the Incheon District Court on December 16, 2004, and a fine of KRW 5 million due to a violation of road traffic law (dacting) at the Incheon District Court Branch Branch of the Incheon District Court on December 2, 2016, respectively.
[2] Under the influence of alcohol content of around 00:05 on August 25, 2018, the Defendant driven a Bnibus vehicle at approximately 50 meters from the front of the food transport log in the Seo-gu Incheon Seo-gu inspection team to the front road of about 500 meters from the same Gu inspection team, while under the influence of alcohol content of 0.189%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is that the defendant driven a vehicle under the influence of alcohol content 0.189% in blood, and the nature of the crime is not weak. The defendant previously had a record of criminal punishment twice for the same crime, and the amount of alcohol concentration during blood is considerably more than 0.189% at the time of detection, and driving under the influence of alcohol is highly dangerous, and thus, it is disadvantageous to the defendant.
On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine for the same crime, the workplace club fee desires the defendant's prior to the crime, and the defendant also does not drive drinking again.
It is hard to say that it is favorable to the defendant.
The above circumstances and other circumstances are the defendant's age, sexual conduct, environment, family relationship, motive, means and results of the crime, and the circumstances after the crime.