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
[criminal record] On October 7, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of road traffic law in the Gwangju District Court's application for the crime of violation of the Road Traffic Act, and on May 29, 2018, the same court issued a summary order of KRW 4 million for a fine of KRW 4 million for a violation of road traffic law (driving on April 24, 2018) in the same court.
[Criminal facts] On May 25, 2018, the Defendant driven BMW car volume in the BM car under the influence of alcohol content of approximately 0.139% from the 2km section from the 59-year 59 Haak-dong, Masan-dong, the Mancheon-si, Manpo-si, Manpo-si, the same day to the middle school distance in the southannam-gun, Manan-gun, the Naman-gun, the Republic of Korea prior to the same day.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice, and driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (refence twice the driving force of drinking alcohol) 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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, have a record of criminal punishment twice due to drinking driving, but there is no record of criminal punishment other than fines, confession of the instant crime and reflects on the records, etc., shall be determined as ordered by comprehensively taking into account all the sentencing factors indicated in the records.