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 September 22, 2008, the Defendant received a summary order of KRW 2 million from the Jeju District Court on September 22, 2008 due to a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on November 26, 2008 due to a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licensed driving).
On September 9, 2017, the Defendant driven a e-car under the influence of alcohol content of about 200 meters from the 200-meter section from around B at Jeju to the front road in Jeju City. From around D, the Defendant driven a e-car under the influence of alcohol content of about 0.134%.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. A written appraisal of alcohol during blood;
1. Application of a reply to inquiry, such as criminal history, a written investigation report (Binding of such previous summary orders), Jeju District Court Decision 2008 Gool 1097, Jeju District Court Decision 2008 Gool 2008 Gool 8761 Act 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant has already been punished two times or more as the crime of drinking alcohol driving, the timing and details of punishment for the previous crime of drinking alcohol driving, the amount of alcohol concentration in the blood of this case, enforcement hours, the defendant's age, sexual behavior, environment, circumstances, circumstances after the crime, etc., and other various conditions of sentencing as shown in the arguments of this case, such as the period of punishment for the previous crime of drinking alcohol driving, and the number of years