도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 23, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Daegu District Court on January 23, 2007. On June 26, 2008, the Defendant was sentenced to a fine of four million won for a crime of violating road traffic laws (driving) at the Seog branch court of the Daegu District Court on June 26, 2008.
On May 23, 2018, the Defendant had been punished twice due to a violation of the Road Traffic Act (driving) on two occasions, but was under the influence of alcohol level of 0.185% during blood, the Defendant driven BM5 vehicles from about 2 km to the front road of the 301-lane PY 10 U.S. P., as from the m. on the m. B from the m. to the m. on the m. road of the 301-gilon-ro 10 U.S., Seo-gu, Daegu-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (a summary order and attachment of judgment) Acts and subordinate statutes;
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant, even though having been guilty of a crime of violating the Traffic Act on the road, once again considered the fact that he/she drives the instant drinking, and the fact that the drinking level is very high, he/she should be punished strictly.
However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record exceeding the fine, the circumstances of the crime, and the record of the crime, the sentence is ordered as ordered.