도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
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 13, 2010, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 13, 2010, and on March 19, 2012, the Defendant was issued a summary order of 3 million won for a crime of violating the Road Traffic Act (driving).
Criminal facts
On December 28, 2016, around 05:06, the Defendant driven B A6 car under the influence of alcohol content of about 0.081% from a 50-meter section from the road front of the mutual infinite Do, Seo-gu, Seo-gu, 2016 to the road front of the 91-20th day of Seo-gu, Seo-gu, Seo-gu.
Accordingly, the defendant was a person who violated two times or more due to drinking, and was driving again.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Measurement of drinking alcohol and field photographs;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of criminal history of the same kind of crime as the suspect);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and rebuttal are made in favor of the fact that there are two times the criminal records of drinking driving: