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 October 27, 2006, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court on the grounds of the violation of the Road Traffic Act. On January 20, 2015, the Defendant was sentenced to a fine of five million won for the same crime in the resident support of the Daegu District Court.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on June 24, 2017, the Defendant driven a B Trate XG passenger car under the influence of alcohol content of about 0.203% from the section of approximately 1.5km to the roads in front of the same Sin-dong (ju), from the front of the “hho-gu Minh-dong,” located in Kimcheon-si, Kimcheon-si, to the roads in front of the same Sin-dong.
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: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;
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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has already been punished for drinking alcohol driving four times; (b) the Defendant repeatedly committed the instant crime even if he/she was punished by a fine for driving under a suspended sentence due to driving without a license in 2015; and (c) the amount of drinking is very high.
However, it shall be considered in favor of the fact that the defendant is seriously against his will and does not repeat again in the future, and considering other circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, the sentencing conditions specified in the records and the theory of changes shall be determined as ordered by taking into account the following factors.