도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 January 17, 2008, the Defendant was sentenced to a suspended sentence of two years in August, 2008 due to a violation of road traffic law in the Gwangju District Court's support for the promotion of interest, etc., and was sentenced to a fine of five million won on June 16, 201 by the Gwangju District Court as a crime of violating road traffic law.
On June 21, 2017, the Defendant driven a D-wing truck under the influence of alcohol leveling 0.090% of alcohol leveling from approximately 10km to the sea fishery in the same 36 km-ro 36-lane from the Defendant’s residence in Jinjin-gun C at around 06:10 on June 21, 2017 to the sea fishery in front of the sea.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of a survey report on actual conditions and the results of regulating drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the judgment attached);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The sentencing elements under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, as well as the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, etc., and all the conditions of sentencing as shown in the records and arguments shall be determined as ordered by taking into account the following factors:
The factors of favorable sentencing: The defendant's mistake and reflects that he or she recognized his or her mistake, the factors of sentencing that is disadvantageous to the fact that alcohol concentration in blood is relatively high: The same criminal record is four times, the crime of this case is committed during the period of suspended execution (the current suspended execution period) and the distance of drinking driving is long, etc.