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 April 11, 2008, the Defendant was issued a summary order of KRW 2 million with fines for a violation of road traffic law (driving), etc. at the Suwon Flag Flag Flag on April 11, 2008, and a summary order of KRW 2 million with fines for a violation of road traffic law (driving) from the Suwon Flag Flag Flag on March 6, 2012.
Criminal facts
around 04:00 on April 22, 2017, the Defendant driven a Category B new car under the influence of alcohol concentration of about 0.098% from the 1km section to the “new city oil station,” located in the same day from the front of the “comsing 110, Kui-ro, Gi-ro, Gi-ro, Gi-ro, Gi-ro, Gi-ro, Gi-ro, Gi-ro, Li-ro, Li-ro, 06:10 on the same day to the front of the “new city oil station,” located in the same day.
As a result, the defendant had been punished for drinking driving two times, but he again driven under drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report and a statement concerning the circumstances of the driver who takes the main place;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant has been subject to punishment several times for the same kind of crime. favorable circumstances - The defendant recognizes all the criminal facts. - The amount of alcohol concentration in blood during the blood of this case is considered. - Taking into account the fact that the time of committing the same kind of crime is not concentrated. In light of the overall sentencing conditions revealed in the trial process, the sentence should be imposed as ordered in consideration of all the above circumstances.