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 March 29, 2011, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court on March 29, 201, and issued a fine of KRW 2 million for the same crime at the same court on May 6, 2009.
On January 18, 2017, at around 21:50, the Defendant driven a B-co truck under the influence of alcohol concentration of about 0.110% from the 1km section to the roads in front of the same Eup/Myeon from the roads in front of the front of the 1km-gun, Gangwon-do, Gangwon-do.
In this respect, the defendant was punished for drinking more than twice, but he was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and statement in the circumstances of driving alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), report on investigation (report on attachment of criminal records and judgment of the suspect);
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 for Reduction of Small Quantity (the defendant has been subject to criminal punishment twice due to driving of alcohol in the past, and the amount of alcohol concentration in the blood at the time of such punishment and the amount of alcohol concentration in the blood of this case is high to 0.163%, 0.17%, 0.110%, but there was no history of criminal punishment near the six years in this case before the fine was imposed on March 29, 201, and there was no criminal history exceeding the fine, and there was no criminal history exceeding the fine, and the crime in this case did not lead to other additional crimes, and the defendant shows that all of the crimes in this case are recognized and against them).
1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);
1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;