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 June 20, 2007, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. at the Jung-gu District Court on June 20, 2007, and a fine of KRW 7 million due to a violation of the Road Traffic Act (dacting driving) at the Jung-gu District Court on September 22, 201.
On February 7, 2016, around 09:37, the Defendant driven a Chive-pubed car in the state of alcohol content of approximately 0.116% from the 1km section to the agricultural road located in Yangju-si, 1476-24 in the Chive-pubing apartment near Seoyang-gu, Yangju-si, 1476-24.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
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. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has already been punished twice due to driving of drinking alcohol, and the circumstances favorable to driving of drinking alcohol of this case are divided and reflected by the defendant: The defendant's age, sex, environment, motive, means and consequence of the crime, and the conditions for sentencing, such as age, sex, environment, motive, means and consequence of the crime, shall be determined as ordered in consideration of the overall conditions for sentencing;