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
On June 5, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Jeju District Court, and a summary order of KRW 5 million as a fine in the same court on June 25, 2013.
On January 21, 2017, the Defendant was under the influence of alcohol level of 0.199% among blood transfusions, and driving a B EX car at a level of 150 meters from the 164m-on road to the coast of Jeju Han-si in the Han-si Port located in Jeju Han-si.
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 a reply to inquiry, such as criminal history, and a report of investigation (Attachment to a summary order for the same crime as the suspect);
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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, which is the case where the defendant drives a vehicle with alcohol content of 0.19% in blood while driving, and causes a traffic accident while driving, is not bad in consideration of the fact that the defendant has been punished for the same kind of crime as stated in its reasoning.
However, considering the fact that the defendant is receiving an extension of alcohol, and there is a possibility that the defendant will repeat the same kind of crime in the future without tending treatment in light of the defendant's military force, and other circumstances that are conditions for sentencing such as the defendant's age, environment, and circumstances after the crime, it is desirable to prevent recidivism and to ensure the defendant's sound rehabilitation to society.
It is so decided as per Disposition.