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 March 21, 2007, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2.5 million due to a violation of the Road Traffic Act (dacting driving) in the above court on October 28, 2008. < Amended by Act No. 8790, Oct. 28, 2008>
On November 5, 2015, the Defendant, who was punished twice or more due to a violation of the Road Traffic Act (drinking), was driving a car under the influence of alcohol of approximately 0.372% of alcohol in the 200 meters away from the front side of the head of Seoyang-gu, Seoyang-gu, under the influence of alcohol, from around 00 meters to the front side of the construction of Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, the trade name in which the trade name is unknown.
Summary of Evidence
1. Statement by the defendant in court;
1. Each previous record of a report on detection of the driver involved and a written reply to appraisal;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
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. Sentencing under Article 62-2 of the Criminal Act for the observation of protection;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. A suspended sentence of two years, etc. for eight months of imprisonment with prison labor for a decision of sentence (the height of drinking, however, the fact that the defendant is working for the disabled person, including the fact that the defendant is working for the extension of drinking, etc. and that such circumstance seems to have partly affected the drinking volume, and other consideration of the age, sex, criminal records, etc. of the defendant