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 May 19, 2008, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on May 19, 2008, and on December 12, 2014, a fine of 1.5 million won for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on December 12, 2014 and has the record of being punished two times or more for a drunk driving.
On August 24, 2016, at around 23:55, the Defendant driven a BSbaCC car in the state of alcohol alcohol concentration of approximately 0.127% at the section of about 3km from the front of the “Yacheon-gu Party,” which is located in the Gocheon-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the front of the entrance of the Yari-gu, Yari-gu, Yari-gu, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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. Probation and lecture attendance order and the reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is a crime with a high risk of harming the life, body, and the family to which the victim belongs, which has become a social issue. It seems that the risk of drinking driving and the strong punishment at the time of violation has been sufficiently notified to the people.
The defendant seems to have high risk of re-offending by driving under the influence of alcohol even though he had been punished two times due to drinking alcohol, and since the blood alcohol concentration at the time is considerably high, causing a serious risk to road traffic, it is also a bad character.
Therefore, the defendant is selected to be sentenced to imprisonment.
However, the defendant is led to confession and reflect, and it is difficult to raise his/her child due to negligence.