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 29, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the Jeonju District Court’s Eup branch on April 29, 2009, and on April 15, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Jeonju District Court’s Full Eup branch.
Although the Defendant had had a history of driving alcohol twice or more as above, on December 15, 2016, at around 00:05, the Defendant driven a B-A-di vehicle under the influence of alcohol concentration of about 0.094% from the road front of the e-mail terminal located in E-richeon-ro, Leecheon-do to the front day of the same city-ri-ri-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;
1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (report on criminal records of the suspect);
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. Consideration under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment (a favorable circumstance, such as a violation of a mistake, a violation of a mistake, a violation of a fine, a violation of a violation of a law, or a violation of a law, and a violation of a law);
1. Article 62 (1) of the Criminal Act ( considered for repeated consideration in favor of the foregoing);
1. Surveillance of protection, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;