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
On May 2, 2008, the Defendant was sentenced to a suspended sentence of 2.5 million won by the Seoul Eastern District Court, a fine of 3 million won by the Seoul Eastern District Court on May 7, 2010, and a suspended sentence of 2 years by imprisonment with labor for 6 months by the Gwangju Eastern District Court on October 25, 2012.
On August 11, 2016, around 15:00, the Defendant driven B-low-low-car under the influence of alcohol content of about 0.272% at a section of approximately 2.5 km from the funeral hall of the Manpoe Hospital, which is located in 322-1, to the newan Military Forestry Cooperatives, located in 65k in terms of the Mapopopoposi volume.
As a result, the defendant, who had driven a motor vehicle more than twice, was under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, circumstantial reports on drinking drivers, notification of the results of crackdown on drinking driving, and making an inquiry into the enemy;
1. Previous convictions in judgment: Inquiries and inquiries and the application of Acts and subordinate statutes on investigation reports (verification of the same type of suspect records);
1. Relevant Acts of crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant, for reasons of sentencing, has been punished several times, including a suspended sentence due to drinking driving, and the blood alcohol concentration is considerably high is disadvantageous.
However, the execution of punishment shall be suspended by taking into account favorable circumstances shown in the pleadings, such as the fact that the health of the accused seems to be inadequate, and that there is possibility of re-offending, so probation, compliance driving, and alcohol treatment requires each lecture.