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
On April 14, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving) from the Jeonju District Court on April 14, 201, and a summary order of KRW 4 million for the same crime from the Eup branch of the Jeonju District Court on October 8, 2015.
Criminal facts
On May 1, 2018, the Defendant: (a) driven a B rocketing car with approximately 500 meters alcohol concentration at approximately 0.115% while under the influence of alcohol level from around the front of the 208-ro, Seojin-gu, Jinjin-gu, Seoul, Seoul to the front of the 208-ro, with the same Gu unit, to the front of the 453-ro, as the same Gu unit.
As a result, the defendant violated the prohibition on drinking at least twice, and once again drives a car while under influence of drinking in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (applicable to the same type of judgment, etc.);
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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant had been subject to two times or more due to drinking, but was also under the influence of drinking.
However, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and result of the crime, and the situation after the crime.