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.
Criminal facts
On March 25, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Traffic Act at the Busan District Court on March 25, 2008, a fine of two million won as a crime of violating the Traffic Act at the Changwon District Court on June 15, 2009, and a fine of two million won as a crime of violating the Road Traffic Act at the Changwon District Court on November 12, 2013, and a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (drinking) at the same court on November
On June 12, 2016, at around 05:50, the Defendant driven BM5 car under the influence of alcohol level of about 0.153% from the 10km section from the 219-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do, Busan, to the yellow-do-dong-dong-ri-dong-gu
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. A comprehensive consideration of the following factors: (a) details and distance of the driving of drinking alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) degree of drinking alcohol; and (c) criminal records and rebuttals; and (d) a sentence as ordered