도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 15, 2008, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 15, 2008, and the above court on December 4, 2008, to a suspended sentence of 2 months as a crime of violating the Road Traffic Act (driving).
Although the Defendant had been punished twice or more as above, at around 15:30 on August 1, 2015, the Defendant driven a B low-speed motor vehicle with approximately approximately 20km from the 15:20km to the roads adjacent to the Simnan-Eup Magdong-si, Yongsan-si, Seoul Metropolitan City, with the blood alcohol concentration of at least 0.282%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;
1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture has the record of being punished four times or for drinking driving, including the record of drinking driving as indicated in the judgment of the defendant, and further, even though the defendant was subjected to a suspended sentence of drinking driving, he/she again conducted the instant drinking driving, and the drinking alcohol level is very high.
Therefore, it is necessary to strictly punish the defendant.
However, in consideration of the fact that the defendant's mistake is divided, the above drinking driving skills have relatively passed, the fact that there is no past record of punishment for any crime since 2008, and there is a family member to support, etc., the sentence shall not be imposed and the execution of the above imprisonment shall be suspended, and probation shall be ordered together to prevent recidivism.