도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On January 23, 2007, the Defendant was issued a summary order of a fine of 2.5 million won by a crime of violating the Road Traffic Act at the Incheon District Court on January 23, 2007, and on June 12, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (dacting driving) at a site district council of the Suwon District Court on August 12, 2015, and was sentenced to two years of suspended sentence for a violation of the Road Traffic Act on at least two occasions
On September 8, 2017, at around 02:0, the Defendant driven a bro-car in the state of alcohol alcohol concentration of about 0.156% in the 1km section from the front of the KLC company to the front of the same Lindo-do-do-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (verification of that end record);
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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is contrary to the defendant's recognition of the crime of this case, although the defendant is found to have committed the crime of this case, the amount of alcohol concentration in the blood of this case is considerably high, traffic accidents (physical damage) occurred, the defendant has already been punished three times (two times a punishment, one time a suspended sentence) due to drinking driving, and the most recent one is the suspended sentence sentenced in 2015, and the defendant committed the crime of this case since three months have not passed since the period of suspended sentence expires, it is reasonable to sentence imprisonment with prison labor against the defendant.
In determining the term of punishment, all the conditions of sentencing under Article 51 of the Criminal Act, which can be known by the above circumstances and the records of this case, were considered together.