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 April 12, 2011, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to a crime of violating the Road Traffic Act at the Jung-gu District Court on April 12, 201. On January 6, 2016, the same court received a summary order of 2 million won of fine due to a crime of violating the Road Traffic Act.
On July 30, 2010 and September 20, 2015, the Defendant driven a motor vehicle under the influence of alcohol and violated Article 44(1) of the Road Traffic Act at least twice. On March 5, 2016, the Defendant driven a BMW motor vehicle under the influence of alcohol with approximately 0.258% alcohol concentration in the section of approximately 1km from the front of the oriental medical hospital located in the Geum-gu Office of the Government of Geum-si on March 5, 2016 to the front of the new terminal distance at the same time.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous conviction: Application of a written inquiry and a written inquiry, a report on investigation (report attached to the previous conviction and the summary order);
1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning criminal facts (to be punished by imprisonment with prison labor in consideration of the following facts: (a) the driving of the instant drinking alcohol again, including the history of causing traffic accidents while driving a motor vehicle while driving a motor vehicle while driving a motor vehicle, and the history of driving the motor vehicle twice including the history of escape; and (b) the degree of alcohol concentration in blood is very high);
1. Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that his/her mistake is recognized and that he/she reflects it, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;