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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 22, 2012, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic laws from the Daejeon District Court on October 22, 2012, and a summary order of 1.5 million won or more for the same crime at the same court on November 19 of the same year.
Criminal facts
On April 10, 2017, the Defendant, who committed a crime of drinking two or more times, driven B K5 cars from the section of approximately 800 meters from the old day, in front of the old chickens in Tae-gu, Daejeon to the front road of Taepyeong elementary school located in the same Dong, while under the influence of alcohol content 0.103% of alcohol during blood transfusion around 00:20,000.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, (A), report on investigation (Attachment to a summary order), and application of the text of the judgment;
1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the driving of drinking for the reason of sentencing under Article 62-2 of the same Act is highly dangerous in that not only the defendant himself/herself but also other people are in danger. The defendant has been punished twice due to drinking driving, and the defendant has been punished twice due to driving without a license, but also once again driving under the influence of a large number of penalties. The punishment for the crime is heavy and is likely to repeat the crime.
However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's confession of a crime, the fact that the damage caused by the crime is not significant, and the defendant's age, occupation, family relationship, sex behavior, environment, and circumstances before and after the crime.