도로교통법위반(음주운전)
The punishment of the accused shall be eight months by imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On October 15, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Branch of Daejeon District Court on October 15, 2012, and a fine of KRW 3 million for a crime of violating road traffic law (drinking driving) on August 19, 2013. Accordingly, the Defendant has the history of violating Article 44(1) of the Road Traffic Act on at least two occasions.
On February 19, 2016, around 21:50, the Defendant driven a Bcoon car under the influence of alcohol leveling 0.098% in alcohol level from the front of a restaurant in the name of the Southern-gu, Southern-gu, Seoul-gu, Seoul-dong to the front day of the Roying road located in the same pair-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of crackdown on the violation of traffic laws on roads, and statement of the situation of the driver who takes driving on roads;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (a copy of the same type of force judgment);
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. The grounds for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures have had the record of criminal punishment for driving under drinking more than twice, and again commits the instant crime; the alcohol concentration was significant at the time of the instant crime; the risk of the instant crime; the risk of the instant crime; the fact that the Defendant recognizes and reflects the instant crime; and other various circumstances shown in the instant trial, including the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by taking full account of all the circumstances indicated in the instant trial.