도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 January 9, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court’s support on January 9, 2012. On February 7, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime, such as a violation of the Road Traffic Act (driving).
【Criminal Facts】
Although the Defendant had been punished for drinking driving twice or more, on September 27, 2013, at around 00:45, the Defendant started driving a 100-meter B from the road adjacent to a new apartment located in the same Ri, starting from the influence in the influence of the influence of the heung-gun of the Gyeongbuk-gun, the influent alcohol level of 0.169% under the influence of alcohol level on September 27, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (Attachment to judgments of the same kind of case) and statutes;
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. Article 62 (1) of the Criminal Act on the suspended execution ( normal consideration of the favorable reasons for the suspended execution);
1. An order to attend a lecture and an order to attend a community service order for sentencing under Article 62-2 of the Criminal Act, the Defendant engaged in drinking again during the period of suspension of execution for the same kind of crime. However, the Defendant’s liability is heavy. However, the Defendant is said not to commit such crime again, the Defendant’s criminal records are two times, and the Defendant’s age, family relationship, and all other conditions stipulated in Article 51 of the Criminal Act are considered, and the execution is suspended only once.