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 January 9, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and on May 8, 2015, the Defendant issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on May 8, 2015 and the Defendant has a total of three times of drinking driving power.
On January 22, 2018, around 23:45, the Defendant driven a F Malaysia with a distance of about 70 meters from around C convenience stores in Nam-gu, Busan to E located in D, while under the influence of alcohol concentration of about 0.157% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries into the results of regulating driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), and the report on the driving of drinking alcohol;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to three times a suspect's drinking driving);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) 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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's main role in sentencing is not minor, and that the defendant can have the same criminal record.
However, there are favorable circumstances such as the fact that the defendant's charges are against the law, and the distance of the defendant's driving is very difficult.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.
[Sentencing Criteria] - No sentencing criteria are set.