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 power] On April 10, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support, and on December 10, 2010, the Defendant was issued a summary order of KRW 6 million for the same crime, etc.
【Criminal Facts】
On October 4, 2018, at around 21:20, the Defendant driven a E-Mixed car at a section of about 500 meters from D elementary schools located in C from the front of the Mineyang-si B market to the front of D elementary schools located in C, while under the influence of alcohol of 0.161% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the records of the same kind of drinking driving);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act includes various sentencing conditions specified in the records and arguments of this case, such as the criminal records of the defendant, the period of time between the defendant's records of drinking driving, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of the accident, the driving distance of the defendant, the reflectivity of the defendant, the family relationship, etc., and the records and arguments