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
1. On November 29, 2006, the Defendant was sentenced to a fine of KRW 2 million due to a crime of violating road traffic law (driving alcohol) in the Goyang Branch of the Jung-gu District Court on November 29, 2006, and a fine of KRW 1 million due to a crime of violating road traffic law (driving alcohol) in the same court on December 26, 2012.
2. On January 4, 2016, the Defendant driven a B-owned car under the influence of alcohol content of approximately 0.095% in blood, from the 1km section to the new IC road located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, U.S. (hereinafter referred to as “Seoul”) around 23:40, Goyang-gu.
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. Each previous offense listed in a report on the circumstances of driving a week;
1. Written inquiry and reply;
1. Application of Acts and subordinate statutes to a report on investigation (a summary order accompanied);
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;
1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;
2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set; and
3. Two years of stay of execution, etc. in eight months of imprisonment with prison labor for a decision of sentence (including the background and result of the crime, the fact that there is no criminal record of a stay of execution or more, the fact that there is any family member to support the defendant, and the age,