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 April 15, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court. On December 4, 2013, the same court received a summary order of KRW 2.5 million as the same crime. On July 13, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence on July 21, 2016.
On April 23, 2018, at around 00:20, the Defendant driven a motor vehicle with low alcohol level of 0.094% in alcohol level from approximately 2 km to the two-way roads located in the west-dong in Kimhae-si, Kimhae-si, Kim Jong-si.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;
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 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant has already been punished for drinking driving several times, and the defendant committed the crime of this case again during the period of probation although he was sentenced to a suspended sentence due to the same crime, etc., and the defendant recognized the crime of this case and repented his wrong depth while recognizing the crime of this case, the drinking value of this case is relatively low, the sale of the present vehicle to not drive drinking again, and the present situation of the suspended sentence is considered as well.