도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
[criminal history] On January 18, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court on January 18, 2017, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch Branch on August 25, 2017.
[Criminal facts] On August 25, 2017, the Defendant driven a vehicle B in a state of 0.151% alcohol concentration in blood at approximately 300 meters from the upper street in front of the Hacheon-si, Busan to the 69-si-si roads, both around 23:56, the Defendant, at around 200, driven a vehicle under the influence of alcohol at approximately 300 meters.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
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 circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;
1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate statutes;
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. The reason for sentencing under Articles 53 and 55 subparagraph 1 subparagraph 3 (C) of the Criminal Act for mitigation of amount is that the defendant again committed the crime of this case under the condition that he had the same criminal records. The amount of alcohol content in the blood of this case exceeds 0.151%, and the driving distance, driving distance, the content, figures, and time of the same criminal records, circumstances after the crime, and other various conditions of sentencing as shown in the trial, such as the defendant's age, sex behavior, family relationship, economic circumstances, etc., shall be comprehensively considered and determined as ordered.