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 March 25, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving on a drinking ground) in the Suwon District Court on the Ganwon's Housing Site, and on November 5, 2009, issued a summary order of four million won or more due to a violation of the Road Traffic Act (driving on a drinking), and on March 12, 2008, issued a summary order of one million won or more due to a violation of the Road Traffic Act (driving on a drinking), at the Sungnam branch of the Suwon District Court on the Gannam branch of the Suwon District Court on March 25, 201.
On June 27, 2015, at around 06:10 on June 27, 2015, the Defendant driven a three-way car with blood alcohol concentration of about 0.110% in the section of approximately 20k from the cafeteria Doang-dong to the direction of the king king Gang-dong, Yang-dong, the Defendant driven a three-way car with blood alcohol concentration of about 0.10%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. A report on the state of the operation of a motor vehicle;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records, written judgments and investigation reports;
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 (Consideration of sentencing)
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has already been punished several times for the same crime, but has been committed repeatedly without good cause, and the criminal liability is more severe.
However, the sentencing conditions, including the Defendant’s age, character and behavior, occupation, living environment, motive, means and consequence of the crime, etc., and the fact that the instant crime is somewhat at intervals from the last drunk driving, etc., shall be determined in full view of all other circumstances, including the Defendant’s age, character and behavior, occupation, living environment, motive, means and consequence of the crime.