도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
On May 9, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch Branch of the Jung-gu District Court on April 9, 2009, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on April 9, 2009, and was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act (driving) in the Goyang Branch Branch of the Jung-gu District Court on October 22, 2009.
On October 17, 2012, around 22:53, the Defendant driven an E-observer car at a distance of approximately two kilometers from the front of the Defendant’s residence in Pakistan to D 3rd of the same hour, while under the influence of alcohol content of blood 0.085%.
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. A report on the actual status of a host driver;
1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A) and investigation reports (former and previous records and confirmation reports);
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is sentenced seven times to a fine for the same crime and has a record of being sentenced to a stay of execution of imprisonment once, and that the blood alcohol concentration is very significant, and thus, the defendant is sentenced to imprisonment with prison labor. The defendant's last judgment due to the same crime is sentenced three years prior to the date of occurrence of the case, the execution of the sentence shall be suspended, taking into consideration the distance of the defendant's driving, the age, character, conduct and environment, etc., the distance of the defendant's driving, the age of the defendant's age, character and behavior, environment, etc., and the risk of recidivism of the crime shall be determined as ordered