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.
Punishment of the crime
[criminal power] On February 5, 2014, the Defendant is a person who violated the provisions on prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on July 4, 2014, and a fine of six million won due to a violation of the Road Traffic Act (driving) at the Daegu District Court on July 4, 2014.
【Criminal Facts】
On June 2, 2016, at around 21:40, the Defendant driven a B-ro vehicle under the influence of alcohol level of about 0.125% from the section of approximately 1 kilometer from the 1 kilometer to the road front of the autonomous police station in the city of the city of the Daegu Dong-gu, Daegu, to the roads under the jurisdiction of the autonomous police station in the city of the city of the Daegu-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, statement on the results of the control of drinking driving, and statement on blood alcohol appraisal;
1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records, investigation reports;
1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is driving under drinking within the last three years.
The punishment for causing a traffic accident is different from the two times, and the blood alcohol concentration was relatively high at the time of the driving under the influence of alcohol. In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered by the order, taking into account the various sentencing factors as shown in the argument of this case, such as the age, character and conduct, intelligence and environment