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 of the final judgment.
Punishment of the crime
[criminal power] On May 1, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Daegu District Court Port Support on the same day. On November 15, 2012, the Defendant received a summary order of KRW 3 million for the same crime at the same court.
【Criminal Facts】
Despite the fact that the Defendant had been punished twice or more for violating the Road Traffic Act as above, the Defendant driven a 200-meter B EX car from the front of the ebbric apartment in the north-gu 175 North at port, which was under the influence of alcohol of 0.079% at the port on October 5, 2015, to the front of the ebric apartment in the same ebric-dong from the front of the ebric-dong to the front of the ebric-dong in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving (8 pages);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant, even though he had the record of punishment for drinking driving two times or more, drives the instant motor vehicle in the state of drinking, is heavier than the responsibility for the relevant crime.
However, it is decided as ordered in consideration of the fact that the defendant acknowledges the crime of this case, reflects his mistake, and does not repeat the crime, the drinking water is not significantly high, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc.