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
[Power of crime] On September 8, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law in the support of the Daejeon District Court on September 8, 2006, and on May 1, 2008, the same court issued a summary order of KRW 2 million as a fine for a violation of road traffic law.
[2] On February 16, 2017, the Defendant driven B-V vehicles at approximately 50 meters from the bus stops located in Ischeon-si, 2110, e.g., 2110, to the front road of the 2154, as it was under the influence of alcohol content of 0.126% in blood, around 00:01, the Defendant driven B-V vehicles at approximately 50 meters from the bus stops located in front of the 2154, 2154, according to the same shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home and the statement on the circumstances of driving at home;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
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 reason for sentencing of Article 62-2(1) of the Criminal Act on the grounds of sentencing under Article 62-2(1) is that the Defendant is subject to strict punishment, considering the purpose of the Road Traffic Act, considering the following: (a) despite the fact that the Defendant had already been punished for driving under drinking two times; (b) even though there was no reason to do so in the state of drinking; (c) was re-driving under the influence of alcohol; and (d) the amount of alcohol concentration in the blood at the time of committing the crime was considerably high; and (d) the amount of repeated driving
Provided, That the defendant has no record of punishment for drinking driving since 2008, and the punishment shall be determined as ordered in consideration of the fact that he/she has no record of criminal punishment except for the two-time punishment for drinking driving.