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 November 16, 2009, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 3 million for a crime of violating road traffic laws (drinking driving), and on March 27, 2015, the Seoul Western District Court issued a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving) at the Seoul Western District Court.
[2] On March 26, 2017, around 00:16, the Defendant driven a B Car under the influence of alcohol with approximately 8km alcohol concentration of 0.143% from the 8km away from the front of the pentle pentle in Incheon, Incheon, to the front of the hot water terminal located on the side of the road of the Incheon, the strengthening military forces.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Records of judgment: Application of a reply to inquiries, such as criminal history, investigation report (Attachment to summary orders), and summary orders and regulations;
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 full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- The records of punishment for the same crime are two times, and the blood alcohol concentration in the instant blood are relatively high.
- The fact that there is no criminal history exceeding the fine, and the defendant acknowledges his mistake.