도로교통법위반(음주운전)
Defendant shall be punished by a fine not exceeding seven million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On July 13, 2011, the Defendant was sentenced to nine months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court on July 13, 201, and completed the execution of the said sentence on May 16, 2012.
On November 3, 2008, the Defendant was sentenced to a fine of 700,000 won as a crime of violating the Road Traffic Act, and a fine of 1.5 million won as a crime of violating the Road Traffic Act in the same court on February 1, 2010.
At around 03:30 on January 25, 2013, the Defendant driven B-low-income car under the influence of alcohol content of about 0.088% at a distance of about 5km to the front road of the Seodaemun-gu, Yong-gu, Yongcheon-gu, Yongcheon-gu, Yongcheon-gu, Yongcheon-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;
1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports, personal identification and confinement status;
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 for a crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished for the same kind of crime, and that the defendant committed the instant crime during the period of repeated crime, the nature of the crime is not good.
On the other hand, on the other hand, the defendant should not drive under the influence of alcohol again while against his mistake, and the blood alcohol concentration at the time of the driving of the instant case is not higher than 0.08%, which is favorable to the defendant, such as the fact that the defendant does not drive under the influence of alcohol again.
In addition to this point, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc. shall be selected only once in consideration of the various circumstances shown in the arguments in this case, such as the circumstances after the crime, and the nature of the crime above shall be considered.