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 this judgment becomes final and conclusive.
Punishment of the crime
On November 14, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Southern District Court Branch of the Jeonju District Court on November 14, 2008. On November 26, 2010, the Defendant was sentenced to a fine of two million won for the same crime in the same court, and on December 20, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime in the same court.
On July 31, 2015, at around 07:10, the Defendant driven B vehicles while under the influence of alcohol content of about 0.132% at a distance of about 300 meters from a 300-meter radius from the gymnoid located in the gym of gym of gym, if the gym of gym of gymp
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. A written report from an employee of an employer;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of case);
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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);
1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even though he had had had a record of punishment for drinking driving three times, again commits a second offense is disadvantageous to the defendant.
However, the fact that the defendant reflects the defendant, the distance of drinking driving of this case is relatively short, the defendant supports the family including the minor's children, the defendant supports the fact that the defendant is currently suffering from livering and urology, considering the circumstances favorable to the defendant, and all other sentencing conditions specified in the arguments of this case shall be considered in light of all other sentencing conditions specified in the arguments of this case.
It is so decided as per Disposition for the above reasons.