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 was notified of a fine of KRW 2 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court on January 16, 2007. On November 9, 2012, the Defendant was sentenced to a fine of KRW 6 million for the same crime.
[2] On July 1, 2017, around 23:03, the Defendant driven a passenger car with blood alcohol concentration of about 0.063% in the section of about 1-2km from the roads near the trade name in the Dongri-gu, Seogu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the mar distance.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, even though he had a history of driving two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the confirmation of the previous history);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act with regard to an order to attend a lecture and an order to provide community service order again committed the instant crime even though he/she had been punished for drinking driving twice.
However, he acknowledges his mistake and does not drive a drinking again while selling the vehicle.
The punishment as ordered shall be determined in consideration of the circumstances favorable to the defendant, such as the fact that the amount of alcohol content among the blood of this case is not so high, and the fact that all the above punishment records are punished by a fine, etc.