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] The defendant was punished by a fine of 2.5 million won for a violation of road traffic law at the Daegu District Court on November 23, 2007, a fine of 3 million won for a violation of road traffic law (driving) in the same court on October 1, 2008, and a fine of 3 million won for a violation of road traffic law (driving) in the same court on January 6, 2009. A person who had been punished by imprisonment with prison labor for 6 months and 2 years for a suspended sentence of 2 years on the same court on January 6, 2009.
[2] On February 24, 2017, the Defendant driven a car with approximately 5 km up to 100 km on the front of the 101-dong 10-dong parking lot, where the Defendant was under the influence of alcohol content 0.135% written indictment (Evidence No. 8, 9 of the evidence record). The Defendant driven a car with approximately 5 km up to the front of the 101-dong parking lot, which is located in the male south of the same military area in front of the mix cafeteria-dong 101-dong 101.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, such as criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense (or choice 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 grounds for sentencing under Article 62-2 of the Criminal Act include the number of times and time when the defendant was punished for the same kind of crime, the number of alcohol concentration in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of the various reasons for sentencing as shown in the argument of this case, such as the defendant's age