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 5, 2007, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on February 12, 2016.
[2] On January 9, 2018, the Defendant, while under the influence of alcohol level of 0.152% among the blood transfusion around 23:30 on January 9, 2018, driven Bho-do in the section of about 500 meters from the 867-ro, Seo-gu, Gwangju, Seo-gu, Seo-gu, 159 Sincheon-ro, Seo-gu, 159.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;
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. For the reasons of sentencing under Article 62-2 of the Criminal Act, an order to attend a course of imprisonment shall be selected and punished, taking into consideration the level of alcohol alcohol, the circumstances leading to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc., and other relevant factors, shall be determined as ordered by the court;