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
[criminal history] On December 14, 2010, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court to a fine for a violation of road traffic laws, and on April 6, 2015, the Defendant received a summary order of KRW 2 million for a violation of road traffic laws.
[2] On April 13, 2017, the Defendant driven B K7 car under the influence of alcohol content of approximately 0.125% from the 2km section to the road in front of the cafeteria Daegu-ro 294, from which it is impossible to find out the trade name in the vicinity of the Home Packer located in the “The Home Packer shop” located in 1821 as of the Seo-gu, Seogu, Daegu-gu, 2017.
Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. The community service order under Article 62-2 of the Criminal Act;