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
The Defendant was sentenced to a summary order of KRW 700,000 as a fine for a violation of road traffic law (drinking driving) in support of Sungnam-gu Office of Suwon on September 16, 2005. On January 13, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime in the same court on January 13, 2009. On December 15, 2016, the Defendant was indicted with a fine of KRW 3 million for the same crime in the same court on December 15, 2016.
(Criminal facts) On January 8, 2017, the Defendant driven a B rocketing car between 339-2 and 12-way road 375, at the same desire, at around 500 meters in the direction of alcohol content, while under the influence of alcohol content of around 14:00.
Accordingly, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Previous convictions as indicated in the judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the end of 12,14);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2,
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;