도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
On March 2, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on March 2, 2007, and was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on March 30, 2012.
On August 24, 2014, at around 23:01, the Defendant driven a B-to-be truck under the influence of alcohol concentration of approximately 0.069% in the section of about 12 km from a road on which it is impossible to know whether it is located in the Mapo-gu Seoul Metropolitan Government Drawingdong to the search of Eunpyeong-gu to the 386 front road.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the detection of a host driver;
1. Inquiries about the results of crackdown on drinking driving;
1. The case of blood appraisal;
1. Previous convictions in judgment: Application of inquiries, such as criminal records, and statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Selection of imprisonment with labor for the reason of sentencing under Article 62-2 of the Criminal Act, taking into consideration the criminal records of the defendant's drunk driving (the period shall be two times within the last ten years, and the period of one time shall be less than 12 km), the distance of a drunk driving (the distance of 12 km) and a place (the point of two km), etc., but the punishment shall be determined as ordered in consideration of the amount of drinking alcohol, the background leading up to the drunk driving, the age, character and behavior, the environment, the motive, means, and consequence of the crime, the circumstances after the crime,