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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On October 19, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of road traffic law in the support of the Daejeon District Court, Daejeon District Court. On March 22, 2012, the Defendant was sentenced to a suspended sentence of two years for the six-month imprisonment with labor for a violation of road traffic law.
[2] On June 11, 2016, around 01:30, the Defendant driven a C Carren vehicle under the influence of alcohol content 0.074% from a distance of about 1k meters from the roads adjacent to the Seogdong Seog-gu, Seog-gu, Seogdong to the roads adjacent to the same Sigpo-si in the same city to the road in front of the expansion high-priced in the city.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Consideration of various sentencing factors, such as drinking values, driving distance, family relations, etc., that have been subject to punishment twice due to driving of alcohol for the reason of sentencing under Article 62-2 of the Social Service Order Act, six times due to driving without a license, and that there has been no previous conviction for not less than four years after the judgment of a suspended sentence due to driving without a license for drinking or without a license;