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 July 14, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Jinju branch on July 14, 201, and on August 22, 2017, the Defendant requested a summary order of KRW 4 million for the same crime to the same court on August 22, 2017.
On August 24, 2017, at around 21:05, the Defendant driven a B-car under the influence of alcohol content of 0.072% in a section of approximately 300 meters from the forestry cooperative located in the sub-Dong-dong Eup Eup/Myeon, Hadong-gun to the lower police station located in the same Ri.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Notification of the results of regulating drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (verification of the records of drinking alcohol and report on the results of previous convictions of the disposition);
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. Protective observation and community service order under Article 62-2 of the Criminal Act;