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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 27, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Jeju District Court on June 27, 2007, and on October 16, 2008, the Defendant was sentenced to a summary order of three million won or more due to the same crime, etc. in the Gwangju District Court's interest support, and was sentenced to a summary order of three million won or more.
On June 5, 2018, the Defendant driven camba while under the influence of alcohol content of about 0.179% in a section of about 25 meters from the road of the same Eup to the road of the same Eup from the 366-1st day of the Gangnam-gu, Kangjin-gu, Gangnam-gu to the front day of the 38-1 scenic church.
Summary of Evidence
1. Statement by the defendant in court;
1. A written report on the situation of a driver under driving and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the summary order for the same case);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. In full view of the elements of sentencing under Article 62-2 of the Criminal Act and other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the proceedings and arguments, the sentence as ordered shall be determined.
The factors of sentencing in favor of the defendant: The defendant recognized his mistake and reflecteds, the defendant is a recipient of basic living and supports the mother of the aged, and the same criminal records are not less than 10 years prior to around 10 years.
The elements of sentencing that are disadvantageous to the defendant are identical and five times before the court, and the blood alcohol concentration is relatively high.