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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On May 17, 2007, the Defendant was issued a summary order of KRW 1500,000 as a fine for a violation of road traffic law at the Seo-gu District Court Branch Branch of the Daegu District Court, and KRW 2 million as a fine in the same court on October 27, 2010.
[Criminal facts] On April 19, 2018, the Defendant driven Dwork-free cars from approximately 1.5 km to Dwork-free cars from the front of the restaurant located in Daegu Seo-gu B to the front road located in the same Gu, while under the influence of alcohol content 0.103% during blood transfusion around 22:52.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
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, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;
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. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case; traffic accidents have not occurred due to driving of the drinking of this case; the recent seven years or more have no record of punishment: The defendant committed the crime of this case even though he had several times the record of punishment due to driving of drinking: The defendant's age, sex, behavior, environment, motive, means and consequence of the crime, circumstances after the crime, family relations, etc., including the blood alcohol concentration and the distance of drinking operation, and all kinds of sentencing conditions such as the defendant's age, sex, behavior, environment, motive, means and consequence of the crime.