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 December 10, 2010, the Defendant issued a summary order of KRW 3,50,00,000 as a fine for the same crime on September 22, 2014 by the same court, respectively, for a crime of violating the Road Traffic Act (drinking) at the Netcheon Branch of the Gwangju District Court.
On July 23, 2017, around 15:15, the Defendant driven a sports cargo vehicle B in the state of alcohol leveling about 0.159% of alcohol level from the section of about 1km in the direction of the 268-ro Manyang-ro 268 from the front side of the sandusbus to the front side of the same route.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. shall be determined to prevent recidivism, taking into account the following circumstances: (a) the Defendant’s age, family environment; (b) the Defendant’s blood alcohol density at the time of the instant crime; (c) the driving distance at the time of the instant crime; and (d) the interval between the Defendant’s blood alcohol level at the time of the instant crime and the instant criminal record at the time; and (d) the punishment to prevent recidivism, taking into account all