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 May 25, 2007, the Defendant was sentenced to a summary order of one million won or more for a crime of violating the Road Traffic Act at the Seoul Central District Court on May 25, 2007. On June 27, 2012, the Defendant was sentenced to a summary order of two million won or more for a crime of violating the Road Traffic Act at the Suwon Flag Flag Flag, and on August 9, 2012, the Defendant was sentenced to a suspended sentence of two years or more for a violation of the Road Traffic Act.
Criminal facts
Although the Defendant had had the record of violating drinking regulations twice or more, on December 12, 2015, the Defendant driven Bp-D car under the influence of alcohol content of about 0.108% from the 5km section from the beginning of the beginning of the Gyeonggi-si in Gwangju-si to the 1243rd road, from the beginning of the beginning of the Gyeonggi-si to the 1243rd road.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of the driver taking the driving of alcohol / written reply to inquiry, such as criminal history (A), four copies of a report on the result of confirmation of the previous conviction of the disposition, summary order, and application of the statutes of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the choice of imprisonment and the unfavorable circumstances among the following reasons for sentencing shall be considered);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relation, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view of the following circumstances:
The defendant may have a record of being punished for the same kind of crime.
The drinking volume is not low.
A favorable condition: The defendant has no record of crime exceeding a suspended sentence.