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
[criminal history] On December 14, 2007, the Defendant was sentenced to a suspended sentence of five months for a crime of violating the Road Traffic Act in the Gwangju District Court's Support on December 14, 2007, and was sentenced to a suspended sentence of two years for the same crime in the same court on November 8, 201.
[2] On June 12, 2018, the Defendant driven B New EF rocketing car under the influence of alcohol content of about 0.21% from the 1km section to the front of the police box up to the day before the police box, which was 42-1 in front of the “A’s net 7080,” which was 42-1, as a result of the unification of Franchising around 01:19.
Accordingly, even though the Defendant had been punished for drinking driving two times, he again driven a motor vehicle under the influence of drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Criminal records as stated in the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the records, such as a criminal record and a summary order);
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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, have the record of criminal punishment for four times due to drinking driving (the two times of suspension of execution is sentenced), the defendant's blood alcohol concentration is higher than 0.211%, but the above criminal records are relatively old, the defendant voluntarily surrenders, and the defendant surrenders himself/herself, and the fact that the crime of this case is led to the confession and the violation of the order to attend a lecture, shall be determined as the same as the disposition.