도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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
[criminal power] On October 19, 2012, the Defendant is a person who 5 million won of a fine for a violation of the Road Traffic Act (driving) in a military support by the Jeonju District Court of Korea on October 19, 2012, and 3 million won of a fine by the same court on August 25, 2014 (driving) as a crime of violation of the Road Traffic Act (driving) at least twice.
【Criminal Facts】
On May 26, 2016, the Defendant was under the influence of alcohol of 0.105% in blood alcohol concentration at around 09:55, the Defendant, from the 104 front parking lot of the main apartment 104-ro 22-lane 12, to the end of the 104 main apartment 10 meters away from the 104 main apartment 10-ro 104 main apartment 10 meters in front of the said main apartment 104 main apartment 10 meters.
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. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous convictions indicated in judgment: Application of criminal history records, and a copy of each summary order;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration given in favor of the defendant, such as the fact that the defendant is against his gender);
1. Determination of the same sentence as the order shall be made in consideration of the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances, such as the fact that the defendant's sex is against the defendant); (b) the records, such as the defendant's age, family relationship, environment; (c) the background leading to the crime; and (d) the circumstances before and after the crime.