도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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
1. On July 1, 2010, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the port support of the Daegu District Court in Daegu District Court on July 1, 2010 and the order became final and conclusive. On July 10, 2014, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution and was sentenced to two years of suspended execution on July 18, 2014.
2. On August 26, 2018, the Defendant, while under the influence of alcohol at around 0.156% of alcohol content, driven a C-car at a distance of about 20km from the Do in front of the dwelling area of the friendly-gun in Daegu-gun, Daegu-gun, to the road 10km away from the Do in front of the dwelling area of the friendly-gun in Daegu-gun, Daegu-gun, Daegu-gun.
Summary of Evidence
1. Defendant's legal statement;
1. Arrest reports of suspects in violation of the Road Traffic Act, reports on the arrest of drivers, status of drivers, statement of the situation, and inquiry into the results of the regulation of drinking driving;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
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 on probation and order to attend a training course is that the defendant has been punished several times due to drinking or unlicensed driving, but he/she also drives drinking without drinking, and the fact that the nature of the crime is not good, etc. is disadvantageous.
However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant led to the crime of this case, and the mistake is divided, the selling of vehicles, and the age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime.