도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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
[criminal history] On January 12, 2009, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court, and a summary order of two million won for the same crime from the Changwon District Court on March 16, 2009.
[Criminal facts] On March 17, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.134% in the 3km section from the 3km section to the 135th in front of the small restaurant at the mngu Seo-gu, Daegu-gu, Daegu-gu, Daegu-gu.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Report on the circumstances of driving under the liquor:
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances in favor of the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the crime of this case; traffic accidents have not occurred due to driving of this case; the recent seven years or more; the defendant committed the crime of this case even though he has a record of punishment due to driving of alcohol or driving without a license: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime; circumstances after the crime of this case; and family relations; and all kinds of sentencing conditions such as the defendant's age, sexual behavior, environment; the distance of driving of alcohol;