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.
Punishment of the crime
[criminal power] On September 17, 2009, the Defendant issued a summary order of 2.5 million won for the crime of violation of the Road Traffic Act at the Daegu District Court, and on June 29, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months and one year of suspended execution for the same crime in the same court.
【Criminal Facts】
On August 12, 2016, the Defendant, as a person with two or more times of drinking driving skills, driven Bone Star Cargo under the influence of alcohol leveling 0.195% from the front of the Agricultural Technology Center located in the Gluri-gun, Gluri-gun, Gluri-do to the front road of the Khoho Lake-ri in the same area.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Before and after ruling: Criminal history records, inquiry reports, reports on results of confirmation of failure to take dispositions, copies of summary orders, and application of statutes on rulings;
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;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined by taking into account the following circumstances, such as the order of education and the order of community service.
Unfavorable circumstances: The defendant has been punished for drinking driving twice, and the above punishment records include the suspended sentence sentenced in around 2012, but also committed this case.
The defendant's blood alcohol concentration is very high.
A favorable normal situation: The defendant again does not commit the same kind of crime.