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 this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On May 6, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the support of the Southern District Court of the Jeonju on May 6, 201, and a summary order of KRW 3 million for the same crime in the same court on November 29, 2012.
【Criminal Facts】
On May 9, 2014, at around 21:25, the Defendant driven B cargo vehicles under the influence of alcohol content of about 0.052% from the 10km section to the road in front of the Dong-dong community service center in the same city as the Do located around the Seogri-si, Seogri-si.
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 records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);
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. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is deemed to have done drinking driving again despite the fact that the defendant had been punished for the same kind of power.
However, in light of the fact that the defendant has no record of being sentenced to a fine exceeding a fine due to drunk driving, the blood alcohol concentration is relatively minor, and the defendant's age, character and behavior, environment, etc., the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the oral proceedings of this case.