도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 September 16, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 21, 201, a fine of KRW 3.5 million for the same crime from the same support on April 21, 201, and a fine of KRW 6 million for the same crime from the same support on November 9, 2012.
【Criminal Facts】
On April 17, 2015, at around 02:45, the Defendant driven B-owned car with a blood alcohol concentration of about 10 meters from the front Do to the front gambage road in the same Dong from around 10 meters.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of three copies of a 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant had been punished three times for the same crime, and the defendant's blood alcohol concentration at the time of the instant case was also high, under the circumstances unfavorable to the defendant. The fact that the defendant had no previous conviction, which is more severe than a fine, is favorable to the defendant.
In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.