도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 December 3, 2008, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on December 3, 2008, and a summary order of KRW 2.5 million for the same crime in the same court on March 13, 2013, and has the record of violating Article 44(1) of the Road Traffic Act on more than two occasions.
【Criminal Facts】
On June 9, 2014, at around 0.22, the Defendant driven a vehicle B to B, from approximately 500 meters in a section of 500 meters to the clux apartment path in the same Dong and Dong, while under the influence of alcohol of 0.083% of blood alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Criminal records as judged: Application of criminal records, etc. and investigation reports (report on confirmation of criminal records of driving under influence of a suspect)-related Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasons for sentencing of Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on community service and order to attend lectures, notwithstanding the fact that the Defendant had a large number of records of drinking driving as stated in the above criminal records, it is not good that the Defendant
However, considering the fact that the defendant is in profoundly against the crime of this case in light of the circumstances favorable to the defendant, the punishment as ordered shall be determined in consideration of various sentencing conditions indicated in the records of this case, such as the occupation, criminal record, family relation, and economic aspects of the defendant, and the suspension of execution thereof shall be ordered to order the defendant to attend social service and compliance driving lecture.
It is so decided as per Disposition for the above reasons.