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
On October 9, 2009, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of road traffic law (drinking driving) from the Gangnam branch of the Chuncheon District Court, and on November 19, 2007, by the same court, for the same crime.
On November 2, 2016, 21:55, the Defendant driven a cub car in B while under the influence of alcohol content of approximately 0.185% from approximately 2km to the front of the Bank's oil station in the 2km East-dong, Gangnam-gu, Chungcheongnam-gu, Seoul-si, Seoul-si, a public water storage restaurant.
Defendant was punished for driving under drinking more than twice as above, and was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous review of criminal history);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The punishment against each accused shall be determined and the execution of the punishment shall be postponed on the condition that he will attend a compliance driving lecture, taking into consideration the unfavorable circumstances, such as the reason reflective to the sentencing, the health condition of the accused, the support relationship, etc. under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., taking into consideration the records and frequency of the driving of the accused, the details and the