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
1. On January 16, 2004, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daejeon District Court, and on October 29, 2009, sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving) in the Seosan branch of the Daejeon District Court. On February 4, 2010, the same court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of 6 months in the same court on April 30, 2010.
2. On November 22, 2012, the Defendant: (a) driven the said B M& car in front of the Ministry of Strategy and Finance, which was under the influence of 0.110% of blood alcohol level, and driven the said car to approximately 10 to the same studio in front of the same studio in the same Ri, from around 00:03 on November 22, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Previous convictions: The application of Acts and subordinate statutes to inquiries into criminal records, etc.;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
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 under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a law-abiding driving course, is that the defendant has been sentenced to a fine three times for the same crime and has been sentenced to a suspended sentence of imprisonment once, and that the numerical value of blood alcohol level is not good, and thus, the defendant is sentenced to imprisonment with prison labor. The execution of the sentence shall be suspended only once considering the fact that the defendant is against the defendant and his mother is obliged to support the old mother, etc., and the probation, community service, and order to attend a law-abiding driving course shall be determined as ordered by the order;