도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to six months.
Punishment of the crime
On September 7, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Gwangju District Court on July 10, 201, a summary order of KRW 4 million for the same crime at the same court on July 10, 2013, and on May 23, 2014, the Defendant was sentenced to the suspension of execution for 8 months for the same court on May 23, 201, and was sentenced to the suspension of execution on May 31, 201.
On March 5, 2016, while under the influence of alcohol 0.138% among the blood transfusion around 22:14, the Defendant driven Cpoter freight at approximately 1.5 km from the Gwangju World Cup parking lot to the co-sing road located in about 960 meters from the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes of three copies, such as inquiry about criminal history and summary order;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as shown in the Defendant’s previous conviction, and the Defendant was already punished three times due to drinking, such as drinking, and the Defendant’s blood alcohol concentration is also high, and in particular, the Defendant committed the instant crime during the suspension period of execution due to drinking driving. Therefore, the Defendant’s sentence of sentence is inevitable.
However, considering favorable circumstances such as the fact that the defendant should support two children of a minor, the fact that the defendant again does not drive drinking, etc., the punishment shall be determined as ordered by considering all of the sentencing conditions specified in the arguments in this case, including the defendant's age, sex, environment, health conditions, circumstances after the crime, etc.