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 September 29, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 4 million in the same court on January 26, 201, and a summary order of KRW 5 million in the same court on July 23, 2013 as a crime of violating the Road Traffic Act (drinking driving), respectively.
[2] Defendant 1, as a person who violated the foregoing provision on the prohibition of drinking driving on at least two occasions, driven a B-cap vehicle under the influence of alcohol with approximately 0.092% alcohol concentration in the 2km section from the front side of the Seocheon-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City, to the front side of the 5th in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Arrest report on the occurrence of the case, report on the situation of the driving of the drinking, report on the situation of the driver of the drinking, report on the situation of the driver of the drinking and report on the result of regulating drinking;
1. Making teas;
1. Previous convictions in judgment: Inquiry about criminal history and application of a copy of each 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. An order to attend a lecture or circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: It is necessary to strictly punish the order in light of the risk of drinking driving.
The alcohol concentration in blood is high as 0.092%.
There are four records of punishment for the same crime.
The favorable circumstances: The mistake is recognized and reflected.
In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, driving distance, and circumstances after the crime, and various sentencing conditions shown in the theory of change.