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 May 4, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Jeonju District Court’s Gunsan Branch, and a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court’s Cheongju District Court on May 14, 2013, respectively.
Although the Defendant had been punished on two or more occasions of drinking driving, the Defendant driven B rocketing motor vehicles from the vicinity of the restaurant of “sular village” located in the former North Gun Port on May 23, 2018 to the road near the 902 Kapet, while under the influence of alcohol level of 0.14% among the blood transfusion around 23:20 on May 23, 2018, under the influence of alcohol level of 0.14%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (this kind of force), - Application of Acts and subordinate statutes of two copies of the summary order;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact that the Defendant again committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture had three times or more past records of the punishment of the fine due to driving under drinking, is disadvantageous circumstances, but it is more favorable that the Defendant repents his mistake and reflects his mistake.
The punishment shall be determined as ordered in consideration of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.