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
【The Defendant issued a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on December 10, 207, and on December 12, 2008, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act.
【Criminal facts】 On April 13, 2018, the Defendant driven a BN-si car under the influence of alcohol content of about 0.093% from the 1km section from the front side of the Clusi apartment in the Sim-Eup, Chungcheongnam-do to the front side of the off-distance road in the same Eup/Myeon.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);
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. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for a favorable reason in which the sentencing is considered to be flexible):
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, is that the defendant has a criminal record of drinking and non-exclusive license several times, and in 2010 a suspended sentence for driving without license, the defendant's age, sex, sex, environment, health conditions, circumstances leading to the crime, means and consequence, etc., and the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as ordered by the order.