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
On September 12, 2013, the Defendant was issued an electronic summary order of KRW 1,50,000,000 for a fine for a violation of road traffic law in the Changwon District Court's Jeju District Court's Jinju branch on September 12, 201, and on February 25, 2015, the Defendant was issued an electronic summary order of KRW 4 million for the same crime in the same court.
On September 13, 2016, the Defendant driven a 500-meter distance from before the MBC broadcasting station located in Hohodong-dong at the time of Jinju to the new hulle road located in the same time-dong at the same time, under the influence of alcohol content of approximately 0.178 percent among blood transfusion around 01:33.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Previous convictions: A reply to inquiries, such as criminal history, summary order, and application of Acts and subordinate statutes on indictment;
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 light of the fact that the Defendant had been punished twice due to drinking driving, and that the Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture had the record of being punished twice due to drinking driving, and that the Defendant’s drinking volume is considerable, the Defendant’s criminal liability is not less than that of the Defendant, but the Defendant’s violation of his/her criminal act, and that the Defendant has no record of punishment other than the fine, etc., the Defendant’s favorable circumstances should be taken into consideration, and the Defendant’s age, sexual behavior, etc. shall be determined by taking into account various