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 this judgment becomes final and conclusive.
Punishment of the crime
On December 26, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Western District Court on December 26, 2008; on April 15, 2009, the Defendant was sentenced to a fine of one million and five hundred thousand won for a violation of the Road Traffic Act in the Goyang Branch Branch of the Jung-gu District Court on April 15, 2009; and on February 17, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act for the purpose of eight months.
On March 8, 2013, at around 22:10, the Defendant driven a balp-purged car at approximately 500 meters away from the front of the gold basin in the Sinpo-si, Sinpo-si, Sinpo-si to the front road of the Sinyang-si, Hoyang-si, Hoyang-si, with a blood alcohol content of at least 0.081% under the influence of alcohol.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The circumstantial report of an employee;
1. Application of statutes concerning criminal records;
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The probation and community service order Article 62-2(1) and the main sentence of Article 62(2) of the Criminal Act, Article 59 of the Act on Probation, Etc. [Reasons for Punishment] of the same kind of criminal records and crimes committed by a person who has completed the probation period due to the same kind of crime, and all other sentencing conditions against the defendant were determined as ordered by the sentence against the defendant.