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 February 25, 2014, the Defendant was notified of a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch on February 25, 2014. On February 10, 2015, the Defendant was notified of a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act.
On March 18, 2017, around 14:38, 2017, the Defendant driven a B rocketing car with alcohol content of about 3.5km from the 3.5km section around the Mancheon-si, Changwon-si, Masan-si to the same Jinbuk-do road, under the influence of alcohol content of about 0.061%.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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. Although Article 62-2 of the Criminal Act of the Order to Attend a lecture has a record of the same kind of crime for the reason of sentencing, the punishment as the order shall be determined by taking into account the fact that the defendant is against the defendant, the age, occupation, circumstances of the crime, circumstances after the crime, etc.