도로교통법위반(음주운전)등
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
1. The Defendant, on August 26, 2009, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daejeon District Court’s Support on the Incheon District Court’s 2009, as well as a fine of KRW 2 million for the same crime in the same court on March 11, 2010.
2. Criminal facts;
A. On May 17, 2018, the Defendant driven B vehicles under the influence of alcohol content of 0.179% in blood, with approximately 1.1km from the road of 326, Jincheon-gun, Jincheon-gun, Jincheon-do, Jin-gun, Jin-do, the 326-ro, Jin-do, Jin-gun, Jin-gun, the Do-gun, Jin-gun, the Defendant used approximately 1.1km from May 17, 2018.
(b) No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant driven the said vehicle that was not covered by mandatory insurance at the time and place mentioned in the above 2-A clause.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;
1. Inquiries about the details of enforcement and mandatory insurance;
1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);
1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 of the same Act, and selection of imprisonment, respectively;
1. Punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (Punishment provided for in a crime of violating Road Traffic Act, the punishment of which is heavier within the scope of the sum of the long-term punishments of two crimes);
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 under Article 62-2 of the Social Service Order Criminal Act is recognized and mistakenly divided, and there is no record of punishment exceeding fines for the same kind of crime, and the fact that drinking is not repeated in a short period of time, and the alcohol concentration in blood is very high.