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
[criminal history] On August 9, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court (Drinking on drinking), and on June 24, 2013, issued a summary order of KRW 3 million for the same crime in the same court.
[2] On September 5, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol with approximately 0.148% alcohol concentration from around 150 meters away from the 150-meter section of alcohol level to the front road of the Donga apartment located in the Yasi-dong of the Yasi-si, Busan Metropolitan City, Seosan-si, and the 22:5-round 22:5, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (related to blood measurement), inquiry into the results of crackdown on the driving of alcohol (blood collection results), and statement of the circumstances of the drivers of alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
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;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc.
The favorable circumstances: Recognizing the crime of this case, it is against the law.
Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of being punished twice due to drinking.
The alcohol concentration in blood is considerably high by 0.148%.