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 November 10, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Daegu District Court, and on August 23, 2010, the Defendant received a summary order of KRW 3 million as a fine for the same crime from the sex support of the Daegu District Court.
On February 7, 2015, at around 15:30, the Defendant driven B Poter cargo while under the influence of alcohol content of 0.208% at the front of the “scambling” 48-1, Doriwon 48-1, a Doriwon-ri-ri, Doriwon-ri.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Previous records: The application of inquiry reports and investigation reports (Attachment to the same type of electric records) and statutes, such as criminal records;
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 defendant shall be sentenced to imprisonment with prison labor in consideration of the fact that the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures has a history of having been punished several times for the same crime, and that the defendant is driving under the influence of blood alcohol concentration of 0.208% and causes traffic accidents while driving the vehicle
However, the execution of the above punishment shall be suspended in consideration of the fact that the defendant committed the crime of this case in about five years only after he was sentenced to a fine due to drinking driving in 2010, and other conditions of sentencing, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, etc., but the execution of the above punishment shall be suspended, but the order to attend social service and compliance driving lecture shall be determined as ordered