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
On October 28, 2007, the Defendant was sentenced to a suspended sentence of two years on March 12, 2008 in the Daegu District Court Kimcheon Branch of the Daegu District Court sentenced to a suspended sentence of two years on August 12, 2008, and on August 25, 2013, on September 11, 2013, the Defendant was charged with a summary crime of violating the Road Traffic Act (driving) with the same court.
At around 16:50 on September 15, 2013, the Defendant driven B1 ton cargo vehicle while under the influence of alcohol with 0.080% of alcohol level on the front of the Samanamamamb in the Northern-gu Incheon Metropolitan City, Chungcheongnam-gu, Chungcheongnam-do.
Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous records: Application of criminal records, inquiry reports, copies of indictments, investigation reports (report attached to the same type of power), 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act on the grounds stated in the reasoning of sentencing shall be determined like the order, taking into consideration the fact that the punishment for the crime is not light, but against the nature of the crime, and the existence of dependants, etc., even though it has been controlled by drinking alcohol driving on several occasions, as set forth in the reasoning of sentencing