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 February 15, 2008, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 15, 2008. On October 29, 2012, the Defendant was issued a summary order of five million won for a crime of violating the Road Traffic Act in the Changwon District Court's Mapo Branch on October 29, 201.
On September 8, 2018, around 23:05, the Defendant driven a B-ri car in the state of alcohol content of approximately 0.087% while under the influence of alcohol in approximately 3km from the 84km-gu, Changwon-si, Changwon-si, Masan-si to the front road of the North Korean elementary school located in approximately 3km-si, Changwon-si, Mawon-si.
Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Correspondence to the Kim Jong-Un request;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);
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 suspension of execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished for driving alcohol, has committed again the crime of this case: Provided, That the fact that the defendant reflects the defendant, there is no record of the serious crime other than the punishment of the defendant, and all other sentencing conditions specified in the arguments of this case shall be determined as the order.