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 August 9, 2010, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on July 15, 2014, the Defendant was issued a summary order of seven million won for a crime of violating the Road Traffic Act at the Busan District Court.
On April 28, 2018, at around 23:25, the Defendant driven CM5 vehicle while under the influence of alcohol content of about 0.153% from the 200-meter section of blood to the 129-distance from the 506 parking lot to the 506-dong of the same city, from the 506 parking lot to the 65-dong of the same city.
As a result, the defendant violated the prohibition clause on drinking at least twice, and drives a motor vehicle under the influence of alcohol in violation of the same clause again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal history, reporting on the results of confirmation of the previous conviction on each disposition, and the application of statutes of each summary order;
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. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for the same criminal records, is going to commit the instant crime again, and the degree of alcohol concentration among the blood of this case reaches 0.153%, etc. are disadvantageous to the defendant.
However, considering the fact that the defendant is aware of and reflects on the time of committing a crime, relatively short distance, circumstances that may be considered in the course of committing a crime, and other various circumstances that may serve as the conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after committing a crime, the punishment as ordered shall be determined.