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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On June 18, 2007, the Defendant was sentenced to a summary order of one million won or more for the crime of violating the Road Traffic Act in the Daegu District Court's Port Support, and a summary order of one million won or more for the same crime in the same court on October 5, 2009, and was sentenced to a summary order of one million won or more for the same crime on September 1, 201 by the same court on September 1, 201.
【Criminal Facts】
On September 15, 2015, the Defendant had been punished twice or more due to drunk driving, but around 02:00, while under the influence of alcohol at around 02:00, the Defendant driven a car with approximately KRW 2 km Bsch Rexroth ES350 in front of the “EXR burial” road located in the north-gu Inter-gu Seoul Metropolitan City male Council at port from the front of the restaurant to the road in front of the “EXR burial” store located in the same Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous convictions in judgment: Criminal records and other references, and the application of Acts and subordinate statutes related to inquiry reports and investigation reports;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been subject to three times of punishment due to drunk driving, and circumstances favorable to the fact that he/she has been subject to suspended sentence: The fact that he/she did not cause a traffic accident due to a simple drunk driving, the fact that he/she does not have any criminal record, the fact that he/she does not have any criminal record, and