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 of the final judgment.
Punishment of the crime
[criminal power] On May 10, 2007, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Jeonju District Court on May 10, 2007, and was sentenced to a fine of two million won for the same crime in the same court on February 25, 2009, and was sentenced to a fine of two million won for the same crime and nine times.
【Criminal Facts】
On January 13, 2014, at around 21:30, the Defendant driven a c-wing bus with blood alcohol concentration of about 0.112% from the 1km section from the front of the cafeteria in the Jinjin-gu Seoul Metropolitan City, Seojin-gu to the front of the 1km Ginsan-ro 99.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);
1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for traffic-related crimes, is deemed to have committed the crime of this case again. However, if the defendant is deemed to have committed the crime of this case, the crime of this case is deemed to have been committed again, the defendant is not less likely to have committed the crime of this case. The defendant is divorced from his wife as a person with disabilities of grade IV with delay disability, supports the baby who is born and is a middle school student, confession and seriously reflects the crime of this case, confession and seriously reflects the crime of this case, the defendant has no criminal record exceeding the fine among the records punished for drinking driving, and the circumstances leading to the defendant's crime of this case, the execution of imprisonment is suspended, and the order of community service