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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
In this court, the Defendant was issued a summary order of KRW 3.5 million on April 2, 2010, and was sentenced to imprisonment with labor on February 8, 2012, and two years of suspension of execution. On October 29, 2017, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 200 meters from the first parking lot of the Geumsan, which is in the south-do through the Gumi-si, to the front road located in the same Dong and located in the same Dong. < Amended by Act No. 1504, Oct. 29, 2017; Act No. 1660, Oct. 16, 2016>
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a written judgment on the same kind of force, etc.);
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The observation of protection and the operation of the community service order under Article 62-2(1) of the Criminal Act has already been sentenced to a fine twice due to the driving of drinking alcohol for the reason of sentencing and the suspension of the execution of imprisonment once, and the degree of the main operation is not less exceptionally.
However, taking into account the fact that the Defendant led to a crime and reflects, there was no traffic accident, and there was no previous conviction from around 2012, the Defendant had been given more opportunities to correct his behavior within society.
The sentence of imprisonment shall be imposed on defendants, but the execution of such sentence shall be suspended on condition that protection is observed and community service work is performed.