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 Records of Crimes】 On July 16, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s application on July 16, 2008, and on October 15, 2014, a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court.
【Criminal fact-finding around August 20, 2017, the Defendant driven B-car under the influence of alcohol content 0.157% during blood while under the influence of alcohol content 0.157% from the day before the restaurant was reported in Seo-gu, Seo-gu, Gwangju to approximately 3kim from the day before the restaurant, to the day before the location of the seat of the Gwangju Bank.
As a result, the defendant who violated the prohibition of drinking twice or more and drives a motor vehicle under the influence of alcohol again.
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Photographs;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the investigation report (applicable above)
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. In full view of the fact that there was a history of punishment twice (including once a drinking traffic accident) due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, however, there is no record of crime exceeding the fine, the fact that there is no record of crime, the degree of alcohol in the blood, the degree of driving distance, the defendant's age, sexual behavior, environment, circumstances after the crime, etc., the punishment as ordered shall be determined as stated in the arguments of this case.