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.
Criminal facts
On March 14, 2008, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court, and on August 13, 2008, the Defendant was sentenced to imprisonment for three years and a suspended sentence of four years for a crime of violating the Road Traffic Act at the Daegu District Court.
On May 21, 2016, the Defendant driven a B-Adi vehicle from the 1km section to the road front of the cafeteria Gambandong 1313-9, Kimhae-si, the alcohol content of which is 0.143%, while under the influence of alcohol during blood at around 22:20%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (limited to the same type of judgment and summary order);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. A comprehensive consideration of the following factors: (a) details and distance of the driving of drinking alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) degree of drinking alcohol; and (c) criminal records and rebuttals; and (d) a sentence as ordered