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 July 20, 2008, the Defendant issued, at the Jeju District Court, a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and at the same court on May 7, 2013, a summary order of KRW 5 million for a crime of violating the Road Traffic Act.
On September 20, 2017, the Defendant driven a coo motor vehicle in C under the influence of alcohol content of about 0.051% from approximately 300 meters to the front road of the National Assembly member, which was located in the Donam-dong in Jeju-do, from the road near the Donam-do in Jeju-do, to the Do-do-ro, Jeju-do-ro, 241-1.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of an inquiry letter, such as criminal history, and an investigation report (to file a criminal suspect's previous summary order) statute;
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;
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. The defendant was driving at an increase in alcohol concentration in the blood in light of the fact that he/she drives a motor vehicle after three to four hours after drinking alcohol, etc. under Article 62-2 of the Criminal Act;
It is difficult to see it]
The reason for sentencing should be taken into account all the various conditions of sentencing specified in the argument of this case, but the following circumstances should be taken into account in particular: the reflection of favorable circumstances, and the unfavorable circumstances that the alcohol content in blood is not high: A second offense even if the person was punished twice since 200;