도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 10, 2007, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Ulsan District Court on November 10, 2008 to a fine of two million won for the same crime, at the Changwon District Court on February 18, 2009, at the Ulsan District Court on February 18, 2009 to a suspended sentence of six months for the same crime, and at the Changwon District Court on December 10, 2013, to a suspended sentence of two years for the same crime.
Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven EEX car at around October 14, 2017, while under the influence of alcohol content of about 0.094% in the section of about 5km from the front of a cafeteria cafeteria located in the Busan Scongdong-dong on October 14, 2017 to the front of the machinery located in the same Gu, the Defendant driven EEX car at around 0.094%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who was punished several times due to drinking driving, has come to commit the instant crime, and it is difficult to achieve the purpose of punishment due to a fine;
Since the defendant is selected to be sentenced to imprisonment, the defendant's attitude to reflect, and the fact that the intention to drive drinking is deemed to have been weak, considering the favorable circumstances, the defendant's age, sexual conduct, environment, motive and means of crime and results, the circumstances after the crime, etc. shall be considered and sentenced as ordered.