도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 power] On April 26, 2007, the Defendant was sentenced to a summary order of KRW 7 million on the grounds of a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong Site, etc., and a summary order of KRW 3 million on September 27, 2010 was issued by the Suwon District Court’s Suwon District Court due to a violation of the Road Traffic Act (driving of Drinking).
【Criminal Facts】
The Defendant, as seen above, driven a B-man car from the front side of the Song-si registry office to the front side of the Jin apartment located in the same Dong-dong, while under the influence of alcohol 0.157% at around 23:45 on August 10, 2013, even though the Defendant had twice the power of driving under the influence of alcohol again.
Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. As stated in the first sentence of Article 62-2 of the Criminal Act on Probation and Order to Attend Training, the Defendant, who has drinking power, committed the instant crime, and the blood alcohol content of this case, is also very high. However, the Defendant is recognized to commit the crime, and the Defendant has no criminal record exceeding the fine, a suspended sentence shall be imposed only once taking into account the various sentencing conditions indicated in the record, and probation, etc. shall be ordered to prevent recidivism.