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
[criminal record] On July 20, 2010, the Defendant received juvenile protective disposition from the Busan Family Court due to a violation of the Road Traffic Act (drinking driving), etc. on September 28, 2012, and on September 28, 2012, the court issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (dacting driving).
[2] On January 10, 2016, the Defendant driven B K3 cars under the influence of alcohol content of about 40 meters from the front way of the Ulsan church located in one Dong, Ulsan-gu, Ulsan-gu to the front way of the Ulsan Hospital located in 93-1, Ulsan-dong, 2016, to approximately 0.195% of alcohol content during blood.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report, such as confirmation of the same type of force, etc.);
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment (to consider that the volume of drinking alcohol is high and that a fine alone seems difficult to prevent a criminal defendant from repeating a crime);
1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (the consideration given to favorable circumstances, such as the fact that the driving distance is not set off, the age of which is set off, etc.);
1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;