도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2010, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and imprisonment with prison labor for a violation of the Road Traffic Act (dacting driving) at the Suwon Friwon on February 7, 2013, and a suspended sentence for two years for ten months.
Although the Defendant had had a power of driving under the influence of alcohol two times as above, on October 13, 2015, the Defendant driven a Btop car under the influence of alcohol level of approximately 0.199% from the 100-meter section of alcohol level to the E1 gas charging road located in 755, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. A written appraisal of alcohol during blood;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. The reasons for sentencing under Article 62-2(1), proviso of Article 62-2(2), Article 59 of the Criminal Act, Article 62-2(1), Article 62-2(2), Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend the instant case are as follows: (a) the Defendant recognized the instant facts charged and reflects his mistake; (b) the Defendant did not repeat the crime; and (c) the fact that the Defendant has been punished several times in favor of the Defendant; (d) the Defendant has the history of having been punished several times; (e) six times due to driving of the same kind of drinking alcohol; and (e) the fact that the Defendant drives the instant vehicle under the influence of the same punishment despite the foregoing, with high risk of recidivism; and (e) other records, such as the Defendant’s age, character