도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 5, 2010, the Defendant received a summary order of a fine of KRW 3 million due to a violation of road traffic law in the Gwangju District Court's net support on July 5, 2010, and 4 times the same electricity since 2006.
On November 6, 2016, at around 22:32, the Defendant driven a coo vehicle in D while under the influence of alcohol content of about 1k from the third commercial site of the Yacheon apartment to the front road of the Yadong Jeju apartment, with approximately 0.181% alcohol concentration in blood.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.
Summary of Evidence
A previous conviction in the ruling of the defendant's statement in the circumstances of the driver's oral statement: The application of a reply to inquiry, such as criminal history, and a summary order
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant commits any error and has five times the fine for driving under drinking).
4. Protection observation and instruction, and community service order under Article 62-2 of the Criminal Act;