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 March 3, 2008, the Defendant violated the prohibition of drinking by receiving a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on March 3, 2008, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on July 9, 2013, respectively.
[2] On September 10, 2016, at around 02:10, the Defendant driven a BM5 car under the influence of alcohol content of 0.227% in the section of approximately 700 meters from the mutual influence store in the Chang-si, Chang-si, Chang-si, Chang-si, Mapo-si to the third party road in the same Shinpo-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.
D. Unfavorable circumstances: The crime of this case has been committed in addition to four times, which had been punished for the same kind of crime.
As alcohol concentration is very high in blood, a driver was driving in the state of nitation.
The favorable circumstances: The crime of this case is against the law.
There is no record of punishment of suspended sentence or heavier for the same crime.
The vehicle shall be sold and the vehicle shall not be driven again.
There are many things.