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 history] On January 6, 2009, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on March 12, 2015.
[Criminal facts] On May 10, 2017, the Defendant driven B-wing truck at a section of about 2 km from around 15:15 to around 2 km to the front road of the same military Dong-dong located in the Namjin-gun, Seoul Bogdong-gun located in the Gangnam-gun, Jinjin-gun, Jinjin-gun, Seoul, with alcohol level of 0.15% during alcohol level during the blood transfusion.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver of a driving vehicle, notification on the results of crackdown on drinking driving, and response to requests for appraisal;
1. Previous conviction: Inquiry about criminal history and application of a copy of each 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The elements of unfavorable sentencing, such as the fact that the defendant recognized his mistake and reflects it, the fact that the defendant has been under the operation of the above-mentioned medication for the outpatient treatment on two occasions, and that there is no record of criminal punishment by imprisonment without prison labor or heavier: The same criminal record is two times, the alcohol concentration is high, and the distance of drinking driving is long, etc.