도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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
On April 1, 2008, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act (driving) at the Jeonju District Court on April 1, 2008, and a fine of 1.5 million won for the same crime at the same court on April 14, 2009.
Criminal facts
On July 7, 2018, the Defendant driven a B-hand vehicle with alcohol concentration of 0.242% from the 5km section from July 7, 2018 to the 66th road of the same Eup/Myeon, where the Defendant had a history of driving two or more times, and around 00:50 on July 7, 2018, the Defendant driven a B-hand vehicle with alcohol concentration of 0.242% from the 5km section of the same Eup/Myeon trust.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on occurrence;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: The application of inquiry statements, investigation reports (formers and confirmations) and statutes, such as criminal history;
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. The reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, even though the Defendant had been punished three times or more due to drinking alcohol driving, the Defendant was also under the influence of drinking, and the drinking volume is very high.
However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.