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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal record] In the official support of the Daejeon District Court on August 30, 2007, the defendant was sentenced to a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving). In the same support on October 12, 2010, the defendant was sentenced to a summary order of KRW 4.5 million as a crime of violation of the Road Traffic Act (driving without a license) and a fine of KRW 4.5 million as a crime of violation of the Road Traffic Act (driving without a license).
[Criminal Facts] On September 1, 2015, at around 20:55, the Defendant driven a Crens car under the influence of alcohol level of approximately 0.07% from the section of about 200 meters, from the front day of the restaurant of the “Bld tree” in the area of the GSscki in the area of the same dong-dong of the Mascki in the Mascki, Chungcheongnam-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control, report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports (eight times the license for sound records);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2
1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc. has the record of criminal punishment of fines on three occasions due to the crime of violating the Road Traffic Act, and there is a record of criminal punishment of fines on several occasions due to the crime of violating the Road Traffic Act, etc.
Nevertheless, the Defendant driven while under the influence of alcohol and caused potential danger to road traffic safety.
Considering these circumstances, it is inevitable for the defendant to choose imprisonment with prison labor.
The above circumstances and the defendant make confessions and reflects.