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] The Defendant is a person who has a career of punishing drinking driving two times or more, such as receiving a fine of three million won for a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Jung-gu District Court on March 12, 2009, and a fine of five million won for the same crime at the Seoul Southern District Court on June 2, 2016.
[2] On September 9, 2017, the Defendant driven a car with B low alcohol level of 0.083% under the influence of alcohol level of 0.083% in front of the 16th road of the river line village located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Busan Metropolitan City from the Do near the Dong-gu, Seoyang-gu, Sinsan-gu, Seoul Metropolitan City to the 16th road of the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, notification of the results of crackdown on driving under drinking, and a circumstantial report of the driver under driving under drinking;
1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a criminal suspect's previous summary order accompanied by such criminal records);
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 under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has been two times the records of punishment for drinking driving, but they once drive drinking.
The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the degree of alcohol concentration, the background of drinking driving, distance, etc. in the blood of this case.