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 history] On January 12, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Eastern District Court to a fine for a violation of the Road Traffic Act, on February 21, 2008, a summary order of KRW 2 million for the same crime from the Seoul Central District Court to a fine of KRW 2 million, and on January 16, 2013, a summary order of KRW 5 million for a fine of KRW 1 million for the same crime, respectively.
[Criminal facts] On October 11, 2017, the Defendant driven B K5 vehicle at the 5km section from the 5-km road in the front of the 566-lane, in the direction of alcohol leveling 0.058% in the blood alcohol level among the blood transfusion around 23:28, the Defendant driven B K5 vehicle from the 5-km section to the front of the 566-lane road in Sungnam-gu, Sungnam-gu, Seoul, Seoul, in the direction of alcohol leveling 0.058%.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a summary order by suspect, of a separate summary order of four 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
The punishment shall be determined as ordered by comprehensively considering all the factors of sentencing as shown in the records and theories of this case, such as the fact that the defendant is against the defendant, the numerical value of alco concentration during blood, the age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc.