도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 19, 2009, the Defendant was issued a summary order of a fine of two million won due to a violation of road traffic law (drinking driving) in the Changwon District Court's smuggling support on March 19, 2009, and on November 9, 2012, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on November 9, 201, and the same record was more than once.
On January 18, 2016, the Defendant driven a B-pin car at the temporary parking lot of a leap hospital located in Pongyang-si around 09:45 and from around 300 meters to the front road of the same smuggling middle school, while under the influence of alcohol of about 0.09% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.
However, the defendant's mistake is divided, the blood alcohol level is not high, the defendant is also sentenced to protection observation and community service order along with the suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case and the punishment is determined as ordered.