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
On September 1, 2009, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions upon receiving a summary order of KRW 5 million from the Daegu District Court on May 24, 2013 to a fine of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (drinking driving), from the Daegu District Court Kimcheon on May 24, 2013, and from the Daegu District Court on April 11, 2014 to a fine of KRW 5 million as a same crime.
On May 23, 2017, the Defendant driven B K7 cars from the 150-meter section to the roads prior to the original loan activity in the same military, located in the Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, the alcohol content of which is 0.085%, while under the influence of alcohol among the blood transfusion around 23:30 on May 23, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of summary order to the same type of power);
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts, the choice of imprisonment (in the case of the defendant, a fine of 1.5 million won for driving under the influence of alcohol in 2009, a fine of 1.5 million won for driving under the influence of alcohol in 2010, a fine of 4 million won for driving under the influence of alcohol in 2013, a fine of 4 million won for driving under the influence of alcohol in 2013, and a fine of 5 million won for driving under the influence of alcohol in 2014.
There is no reason to consider the circumstances in light of the circumstances and motive of the instant driving.
1. Articles 53 and 55(1)3 of the Criminal Act (at the time of the instant case, there was no circumstance likely to cause harm and danger to traffic) of the mitigated amount.
The defendant is seriously against the defendant, and the defendant will not repeat again again in the future.
1. Article 62(1) of the Criminal Act provides that the sentencing criteria for traffic crimes applicable to the above mitigation grounds and similar crimes shall be deemed to be the negative reasons for the suspension of execution where there are two or more criminal records of the same kind of probation within five years.