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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 5, 2007, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on December 3, 2009, a summary order of 1,500,000 won of a fine for a violation of the same Act at the same court on December 3, 2009, and a summary order of one million won of a fine for a violation of the same Act at the same court on August 30, 201.
On August 7, 2014, at around 22:26, the Defendant driven a vehicle B in the state of under the influence of alcohol with approximately 300 meters alcohol concentration of 0.128% from the front of the entrance cancer apartment located in Gangseo-si, Gangnam-si, to the front of the entrance cancer in the same Dong.
Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. Previous records: Reference references, such as criminal records, and the application of Acts and subordinate statutes to investigation reports;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;