도로교통법위반(음주운전)
A defendant shall be punished by imprisonment 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 March 13, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act at the Changwon District Court on the following grounds: (a) on February 23, 201, the Defendant was sentenced to a suspended sentence of 2 years; and (b) on February 23, 2011, the same court sentenced a fine of 3 million won to the same crime, and (c) was punished by drinking
[2] On May 25, 2017, the Defendant driven a B SP car under the influence of alcohol leveling to 0.103% of alcohol leveling from approximately 800 meters to the front road of an apartment house located in the same Eup/Myeon from the 133th Do to the 2nd Do of the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, inquiry into the results of crackdown on the driving of drinking, and investigation report (report on the situations of the driver at home);
1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (attached to a summary order for drinking driving);
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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.
On May 25, 200, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Road Traffic Act on the grounds of a violation of the Road Traffic Act on May 25, 2000, and two-year imprisonment with prison labor for a violation of the Road Traffic Act on August 23, 2002, and a violation of the Road Traffic Act on April 23, 2004, which was sentenced to a fine of 1.5 million won (the first sentence of a fine even during the period of a suspended sentence) due to a violation of the Road Traffic Act on April 5, 2005, and two years after the suspended sentence of four-month imprisonment with prison labor for a violation of the Road Traffic Act on February 3, 2006, and five million won (one-year imprisonment with prison labor for a violation of the Road Traffic Act on February 3, 2006).