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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 30, 2009, the Defendant was sentenced to a summary order of KRW 1 million by the Changwon District Court for a crime of violation of the Road Traffic Act; on November 29, 2010, a summary order of KRW 3 million by a fine due to a crime of violation of the Road Traffic Act; on February 18, 2011, the Defendant was sentenced to a summary order of KRW 3 million by the same court; and on February 18, 201, a person who had been sentenced to a suspended sentence of 2 years for a period of 8 months by the same court.
On August 16, 2016, at around 22:15, the Defendant driven a Crens vehicle under the influence of alcohol content 0.050% of alcohol content from the public parking lot located in the Seocho-gu, Changwon-si, Changwon-si to the wind view distance in the Changwon-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and notification of the completion of correction;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime even though he/she had the record of being sentenced to a fine and a suspended sentence due to a violation of the Road Traffic Act, such as the crime stated in the judgment, and that the Defendant is a reason for sentencing unfavorable to the Defendant.
However, the defendant is going to stop driving again in the future, the blood alcohol concentration at the time of driving under the influence of alcohol in this case remains 0.050%, the traffic accident is not caused due to the driving under the influence of alcohol in this case, and the defendant's health status is not good for the elderly.