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 January 9, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, etc. on the Pyeongtaek District Court’s Pyeongtaek site, and on May 20, 2014, the Defendant was sentenced to a fine of KRW 3,00,000 as a fine for the same crime, etc. from the Daegu District Court’s Kimcheon branch on the same support on February 7, 2017, respectively.
Although the Defendant had been punished twice or more due to drinking driving as above, the Defendant driven a D Kanop car in the state of alcohol alcohol concentration of about 0.140% from September 26, 2018 to September 6, 2018, from September 26, 2018, to the front of the C cafeteria located in the Gu-U.S. B, Si-U.S. B, the same Si-S. Do-dong 6-22 river.
Summary of Evidence
1. Defendant's legal statement;
1. On-site photographs;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Probation and community service and order to attend a lecture are serious enough to take into account the grounds for sentencing under Article 62-2(1) of the Criminal Act, and the case where a vehicle is traveling behind an accident, and a previous conviction, etc. shall be selected by taking into account: (a) the above accident does not have any criminal record exceeding a fine; (b) the victim does not have any criminal record exceeding a fine; and (c) the Defendant’s age, social relationship, environment, etc. is reflected.