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 February 17, 200, the Defendant was issued a summary order of KRW 3.5 million by the same court as the same crime at the Jeonju District Court on October 8, 2010, as a fine of KRW 1.5 million for a violation of road traffic law (drinking driving), and on June 13, 2014 at the same court.
[2] On December 28, 2017, at around 00:20 on December 28, 2017, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.125% from the front day of the funeral in the Yansan-gu, Yansan-si, and the front day of the North Korean bank located in the 290-ro 290-ro.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant, even though having been subject to three times or more due to drinking alcohol driving, was engaged in drinking alcohol, and the alcohol concentration in blood is relatively high.
However, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family relationship, environment, background and result of the crime, circumstances after the crime, etc., and there are no records of punishment exceeding the fine.