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
On April 25, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court, and on December 7, 2007 at the same court, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for the same crime, etc. at least twice.
On January 7, 2014, at around 23:50, the Defendant driven CMW car in a state of alcohol of about 200 meters alcohol concentration from the front of the Yancheon apartment road in the Namcheon-gu, Daegu-gu to the front road of the indune market in the same roof-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Previous records: Criminal records and other inquiries, and the application of investigation reports (verification of the same kind of drinking driving records) and statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture does not correspond to the punishment of the crime of this case even though the defendant had been punished several times due to drinking driving. However, if the defendant commits the crime of this case, the defendant's mistake is against the defendant, the blood alcohol concentration at the time is not high, the last punishment due to drinking driving is in 2007, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered by the order.