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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Power】 On February 17, 2014, the Defendant received a summary order of KRW 8 million from the Jeonju District Court to a fine of KRW 1,000 due to a violation of the Road Traffic Act, etc., and a summary order of KRW 2 million from the Jeonju District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act.
【Criminal Facts of Crimes】 On July 4, 2016, at around 18:55, the Defendant driven Ct XG vehicles in the state of alcohol with approximately KRW 0.109% of alcohol alcohol concentration from the section of approximately 6km from the front of the Shinjin-gu movable property in the Jeonjin-gu, Seoul Special Self-Governing Province to the front road of the Seo-gu, Seog-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Voluntary report;
1. A copy of the report on the results of the control of drinking driving, the report on the circumstances of drinking drivers, the appearance, uniforms, language, attitudes, and the use register of drinking meters;
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to criminal records of the same kind as the suspect's judgment, etc.);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing, community service and order to attend lectures - Circumstances unfavorable to the accused: Five times, including a stay of execution of military force punished for the same kind of crime (driving alcohol level) and the degree of drinking alcohol level (0.109%) - The circumstances favorable to the accused: serious reflectivity, past ten years, and more than 10 years from the previous conviction of the same kind of stay of execution - The comprehensive matters that constitute conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and conduct,