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 May 10, 2007, the Defendant was issued a summary order of 1.5 million won by the Seoul Western District Court to a fine for a violation of road traffic laws (driving), and a summary order of 1 million won by a fine at the Seoul Western District Court on July 28, 2016 to a crime of violation of road traffic laws (driving), respectively.
Criminal facts
On June 21, 2017, the Defendant driven JA5 vehicle under the influence of alcohol 0.143% of alcohol while under the influence of alcohol at approximately 1km section from the water surface near the water surface of the Suwon-si, which is located in the Kancheon-dong, Seocheon-do, Suwon-si, to the Hannam-do road located in the same Dong.
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. Statement of the circumstances of the driver in charge, and detection photographs of the site;
1. References to inquiries, such as criminal history, and the application of the judgment text;
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 crime. - The defendant’s blood alcohol concentration is high - the defendant’s blood alcohol concentration was high - the possibility of an accident thrown away on the road while driving under drinking. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant has no history of being sentenced to a fine exceeding the fine until now. - The defendant has no history of being sentenced to a fine until now. - The circumstances during which the defendant used the ordinary driving in the trial process are taken into account. The sentence is ordered, such as the order