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 of the final judgment.
Criminal facts
On July 31, 2013, while under the influence of alcohol of 0.306%, the Defendant driven a DNA car owned by the Defendant in a section of approximately 300 meters from the street in front of the SBS-dong Sincheon-gu Sincheon-si Sincheon-si Sinsan-dong to the street in front of the Dongbcheon-dong Tourist Hotel located in the same city.
Summary of Evidence
1. Statement of the accused in the fifth trial records;
1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);
1. Article 62 (1) of the Criminal Act;
1. The defendant was sentenced to a fine on August 21, 200 and September 2, 2002 on two occasions on the grounds of sentencing under Article 62-2(1) of the Criminal Act. On September 21, 2004, the defendant again committed the crime of this case without being aware of the fact that he was sentenced to a suspended sentence of two years on one year and six months after being sentenced to a suspended sentence. At the time of the crime of this case, at the time of the crime of this case, the defendant was in a state of drinking alcohol concentration of 0.306%. At the time of the crime of this case, the defendant suffered an accident while driving under the influence of alcohol and was highly likely to cause an accident, taking into account the circumstances unfavorable to the defendant, such as the defendant's family members are trying to guide the defendant not to drive under the influence of alcohol again from an investigative agency to this court, considering the circumstances favorable to the defendant, circumstances surrounding the execution of the punishment of this case, and the circumstances of the crime of this case, and the records.