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
On January 15, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for the crime of violation of the Road Traffic Act, etc. at the Jung-gu District Court on May 19, 2008. On May 19, 2008, the Defendant was a person who was issued a summary order of 2 million won for the same crime with the Suwon District Court’s inn Branch of Suwon District Court on May 19, 2008. On October 20:42, 2013, the Defendant driven B Poter from approximately 2 km to the road located in Samyang-si, Namyang-si, the 0.067% alcohol content of the blood alcohol content at around 0.067%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. Since the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., the defendant was punished for a suspended sentence of imprisonment with prison labor for an escape vehicle, etc. around 1997, the defendant had been sentenced to three times a fine due to drinking or unlicensed driving. On or around 2010, the defendant again was sentenced to a suspended sentence of imprisonment with prison labor due to drinking or unlicensed driving but was charged with the crime of drinking driving in this case. In addition, it is highly doubtful whether the defendant has shown good mind, and there is any question about how the defendant has any effect on the suspended sentence.
Nevertheless, the blood alcohol content of this case is not so high, and the defendant does not repeat again, and it is said that the defendant will not repeat again, which will be later.