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 November 17, 2006, the Defendant issued a summary order of a fine of one million won for a crime of violating road traffic laws in the Jeonju District Court's Gunsan Branch on November 17, 2006, the summary order of a fine of four million won for the same crime in the same court on July 8, 2013, and the same year.
8. 26. The same court received a summary order of KRW 5 million for the same offense, etc.
On November 5, 2017, at around 06:54, the Defendant driven a math truck with alcohol content of approximately 0.056% while under the influence of alcohol at approximately 1 Km section from the front of the Hewing Center, which was located in the Jeju-si, to the roads prior to the special development of the field in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report, and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection observation and attendance order is that the defendant had a record of punishment due to driving of drinking three times as stated in the judgment of the court (in addition to the above three-time punishment, the defendant was punished as a crime of drinking in 2005) and again driving of drinking is very poor.
However, the defendant appears to be aware of and reflect on the crime, and the period and details of punishment of the immediately preceding drinking driving, the background of crackdown, the amount of alcohol concentration in blood, and other factors indicated in the argument of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the argument of this case.