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
[criminal history] On March 21, 2008, the Defendant was issued a summary order of KRW 3.5 million with a fine of KRW 3.5 million due to a violation of road traffic law at the Suwon Flag Flag, etc., and on October 22, 2010, the above court issued a summary order of KRW 5 million with the same crime, etc.
[2] On August 21, 2018, at around 01:00, the Defendant driven a B B lerack vehicle under the influence of alcohol leveling 0.159% from the front of the “Jin-si Do, Jin-si Do,” which is located in the straight line of Suwon-si, Suwon-si, Suwon-si, to the front road of about 9:0 o. 27:0 o.b., the Defendant driven a B leck vehicle under the influence of alcohol leveling from approximately 2km.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Notification of the results of regulating drinking driving;
1. An accident scene photograph;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, such as a suspect's drinking driving, 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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) that the criminal defendant repents the criminal act in this case and reflects the criminal act in this case, there is no record of criminal punishment exceeding the fine against the criminal defendant, while causing an accident that the criminal defendant was parked in driving while driving a drinking, including the criminal record recorded in the judgment, and there is a record of being fined three times due to drinking driving
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;