도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On September 15, 2006, the Defendant issued a summary order of KRW 3.5 million at the Seoul Eastern District Court for a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on March 30, 201.
Nevertheless, on August 12, 2016, at around 23:25, the Defendant driven B vehicles under the influence of alcohol with approximately 100 meters alcohol concentration of 0.142% from the IMM hotel near the Gwangju Mine-gu, to the Samsung electronic front road located in 828, as the same Gu forest.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions in judgment: The application of criminal records and investigation reports (prior convictions and confirmations pertaining to driving under influence of a suspect) and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act includes the fact that there exists a history of punishment several times for the reason of sentencing, the fact that blood alcohol level is high: Provided, That the punishment that is heavier than the fine due to drinking driving is not imposed, and the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, and all of the sentencing conditions shown in the pleadings of the instant case, including the defendant's age, character and behavior, circumstances after the crime
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).