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 October 8, 2007, the Defendant was sentenced to a fine of two million won for a violation of road traffic law in the Gwangju District Court's net support on October 8, 2007; on October 13, 2009, the same court issued a summary order of two million won for the same crime; and on April 15, 201, the Defendant was sentenced to a suspended sentence for four months for the same crime in the same court.
[Criminal facts] On May 19, 2016, the Defendant driven a 500-meter B K3 car from the front day of a restaurant with alcohol content of 0.205 percent at around 23:08, where the trade name in the net-si-dong cannot be known as being under the influence of alcohol during the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous summary order and copy of the 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. A punishment as ordered shall be determined by taking into consideration the unfavorable circumstances, such as the observation of and order to attend lectures, the high alcohol concentration among the bloods with the reason of sentencing under Article 62-2 of the Social Service Order Act, the fact that there are several kinds of records, etc., or favorable circumstances, such as the defendant's admission and confession, the fact that the distance of operation is relatively short, and other favorable conditions of sentencing indicated in the records;