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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 8, 2010, the Defendant received a summary order of a fine of three million won or more for a violation of road traffic law in the Changwon District Court’s Tongwon District Court’s Tongwon District Court’s territorial branch on the charges of violating road traffic law. On November 29, 2010, the Defendant received a summary order of a fine of three million won or more for the same crime, etc.
Criminal facts
On August 20, 2017, the Defendant driven B Cost Corbeon with alcohol content of 0.206% under the influence of alcohol level 0.206% prior to the main road located in the Dong-dong-gu, Ulsan Metropolitan City prior to the main road of the treaty-project in the same Dong-dong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement report on the situation of the driver of a drinking driver, inquiry of the results of crackdown on drinking driving, consent to blood collection, request for blood appraisal, request for appraisal of alcohol concentration in blood, and request for appraisal and response to a request for appraisal;
1. Each report on investigation;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (limited to three-time violations of drinking driving);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning 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. Article 62-2 of the Criminal Act of the Order to Attend a lecture provides that since the crime of drinking is repeated despite the main sentence of a fine heavier than a number of grounds for sentencing, a suspended sentence of imprisonment shall be imposed, but when determining the main sentence, an order to attend a lecture shall be issued in order to prevent the possibility of re-offending, taking into account the fact that the criminal records of drinking driving are not more than five times.