도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 September 16, 2009, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 4 million due to a violation of Road Traffic Act (driving in drinking), from an early branch of the Chuncheon District Court on November 13, 2013, and a fine of KRW 4 million due to a violation of Road Traffic Act (driving in drinking), at least twice.
Although Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven B K5 cars from approximately 50 meters in the section of 500 meters to the front road of Han apartment, located in the north-gu, west-gu, west-gu, in the state of alcohol concentration of 0.153% among blood transfusion around October 8, 2016, under the influence of alcohol around 20:20 on October 8, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Application of Acts and subordinate statutes of a reply to inquiry, such as criminal history, and a summary order attached to investigation reports;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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 suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is the circumstances unfavorable to the defendant, including the previous conviction in the judgment, that the defendant once has been punished for drinking for three times, and once again drives drinking, and that the defendant is divided into his mistake, and that there is no record of punishment exceeding the fine due to the crime other than drinking driving.
In such circumstances, the records of this case, including the defendant's age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, and all of the sentencing conditions shown in the previous theories, shall be determined as ordered by the sentence.