도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 Power] On September 26, 2008, the Defendant was sentenced to a suspended sentence of one year for four months by imprisonment with prison labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Jeju District Court on September 26, 2008, and was sentenced to a suspended sentence of two years by the same court on October 21, 2009.
【Criminal Facts】
On September 2, 2013, the Defendant, while under the influence of alcohol at 0.209% of blood alcohol level on September 23:45, 2013, driven Cpototop spotop spokes in a range of about 2 meters from the front of the Jeju-si 404-15 Identity-15, to the residential parking lot.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
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 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant has a variety of records of the same crime; (b) the Defendant has been sentenced to a suspended sentence of imprisonment; (c) the blood alcohol concentration was very high at the time of driving of the instant case; and (d) the occurrence of an accident that damages another person’s vehicle is also a reason for sentencing unfavorable to the Defendant.
The fact that the distance of the defendant's driving is extremely short, that the defendant reflects his depth, and that the health status is not good, etc. are the grounds for sentencing favorable to the defendant.
In addition, all of the grounds for sentencing specified in the records and arguments of the case are determined as per the disposition.