도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
The Defendant was sentenced to a suspended sentence of October 19, 2007 and a suspended sentence of October 10, 2008, in the Daejeon District Court's subdivision support, for the crimes of violation of the Road Traffic Act. < Amended by Act No. 8605, Oct. 10, 2008>
At around 02:00 on May 6, 2015, the Defendant driven Cpoter spores in the state of under the influence of alcohol concentration of approximately 1.5km from the front side of the Sungsan original farm located in the two sides of Yasan-si, Yasan-si to the road near the river reservoir located in the Yasan-si, Yasan-si, Yasan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Police suspect interrogation protocol of the accused;
1. Investigation reports prepared by the police;
1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;
1. Previous records of judgment: Criminal records and other inquiries, investigation reports prepared by police officers of the prosecution, and application of statutes accompanying such reports;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant has been subject to criminal punishment several times due to drunk driving, and the defendant cannot be said to have committed a drunk driving again even though he was sentenced to the imprisonment for eight months due to a violation of the Road Traffic Act in 2008, as in the previous conviction in the judgment, and thus, the risk of recidivism is small.
However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has committed a crime, and is led to confession, and other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.