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 February 1, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violating road traffic law (drinking) at the Gunsan Branch of the Jeonju District Court, and on April 4, 2018, a summary order of KRW 1.5 million for the same crime at the same court.
[2] The Defendant: (a) was a person who has been punished twice or more due to the crime of violating the Road Traffic Act (driving of alcohol); and (b) was driving a cub car in B under the influence of alcohol with approximately 0.083% alcohol concentration in the section of about 100 meters from the 100-distance to the road near the 3rd mountain direction located in the 3rd mountain direction in the Gyeongsi-si in the 3328 following the 328-lane in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. Previous records: Inquiry into criminal records, investigation reports (Attachment to the same type of force), and application of each statute of the judgment;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of imprisonment (in particular, it shall be considered that a person has a history of being punished twice due to drinking driving, and 1.5 million won due to drinking driving on April 4, 2018, was issued a summary order of a fine of 1.5 million won due to drinking driving on April 4, 201, and is driving under the instant drinking only for two months);
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;