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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On June 1, 2015, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on May 26, 2016, respectively.
【Criminal Facts】
On May 30, 2016, at around 21:15, the Defendant driven BNS vehicles with a blood alcohol concentration of 0.074% from around 500 meters away from the front of the Jinyang-si Yang apartment road in Nam-gu, Namyang-si, Namyang-si to the road in 919, Namyang-do.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a inquiry into the control of drinking driving (the criminal records on the market);
1. Criminal records;
1. Application of Acts and subordinate statutes to a report on investigation (former and confirm);
1. Relevant Article and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment) concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;