도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
except that 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 June 2, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a fine of three million won for the same crime in the same court on August 13, 2012, respectively.
On October 7, 2016, at around 00:04, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.153% from the road front of the Daegu Haak-dong, Hasan-si, Hasan-si, to the roads front of the additional transmission road in the same Dong.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the control of drinking driving, and report on the situation of drinking drivers;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although the defendant, who has been punished several times for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution, is deemed to have driven under the influence of alcohol, the nature of the crime is not weak, and in particular, drinking driving is deemed to be a large accident by driving under the influence of considerable influence and physical exercise ability, and thus may cause serious harm to unspecified people, and thus, it is highly dangerous to do so. However, although there are circumstances unfavorable to the defendant, the defendant is recognized and against his mistake, there is no record of being punished exceeding the fine due to the same crime, and all other circumstances constituting the conditions of sentencing, such as the defendant's age, character, conduct and environment