도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
[criminal history] On July 31, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on July 31, 2013, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 20, 2014.
[criminal history] On December 22, 2016, the Defendant driven a B horse with alcohol content of about 0.129% while under the influence of alcohol in the section of approximately 1.5 km to the road front of the 66-day Seo-ro 51 in the same way from the Do in front of the Seo-gu Daejeon, Seo-gu Daejeon 986 Daejeon Dog to the 986 World War.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of the case, a written report on the arrest of the case, a photograph, a notice of the result of crackdown on the driving of drinking, a statement of the situation of the driver at the main
1. Application of Acts and subordinate statutes to inquire about criminal history;
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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.
D. Unfavorable circumstances: The fact that the crime of this case was committed again despite the history of punishment twice due to drinking driving, and the nature of the crime of this case is not good, the distance of drinking driving is evismatic, and the circumstances that are significantly favorable to the high level of drinking level: The records of the same crime are both the records of fine, confession and reflect.