도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 December 12, 2008, the defendant had a record of being sentenced to a fine of KRW 500,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on December 12, 200, and a fine of KRW 2.5 million as the same crime in the same court on November 13, 209.
[Criminal facts] The Defendant is a person driving B K7 cars.
On November 2, 2018, while under the influence of alcohol level of 0.179% among blood transfusion around 23:50, the Defendant driven the said B K7 car at the section of approximately 1km from around 1km to the completion of the funeral ceremony, located in the new-dong community service center located in the new street of the Gwangju Mine-gu, Gwangju Mine to the completion of the funeral ceremony.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;
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. Sentence 62-2 of the Criminal Act: Imprisonment with prison labor shall be imposed in a lump sum, taking into account the defendant's drinking, driving power, etc. for sentencing;
Other punishment as ordered shall be determined in consideration of the degree of alcohol, the circumstances leading up to the driving of alcohol, the distance and place of the driving of alcohol, the age, sex, environment, circumstances after the crime, etc. of the defendant.