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 December 13, 2010, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on December 13, 201, and a summary order of KRW 7 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on December 16, 2013.
On August 23, 2016, at around 22:45, the Defendant driven a 50-meter B low-priced car volume on the road front of the Gampam Ham-dong in Kimhae-si, in the state of alcohol of 0.05% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;
1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though the same force was more than twice in addition to the past sentenced to a fine due to a violation of the Road Traffic Act, such as the crime committed in the judgment of the court below, the Defendant committed the instant crime is a reason for sentencing unfavorable
However, in the future, the defendant should not drive under the influence of alcohol again; the blood alcohol content at the time of driving under the influence of alcohol in this case remains at the level of license suspension; the reason for favorable sentencing, such as the defendant's age, character and conduct, motive, means and consequence of the crime; and other favorable reasons for sentencing, such as the defendant's age, character and behavior; the motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be sentenced to the same sentence as the order, considering the sentencing conditions