도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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
[Criminal Power] On July 3, 2009, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on July 3, 2009, and four months for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on September 9, 2010.
【Criminal Facts】
On October 2, 2014, at around 18:46, the Defendant driven a D car under the influence of alcohol content of about 0.20% from the 200m section from the upper road to the efr smart street, which is located in 97-distance 3-distance Mag-si, Sinjin-si, Sinjin-si.
Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident occurrence report and a report on the detection of a driver;
1. On-site photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced several times of punishment for traffic-related crimes, such as drinking and driving under the influence of alcohol, and the fact that the defendant's blood alcohol content was considerably high by 0.2% at the time of the instant case is disadvantageous to the defendant. The fact that the defendant is relatively old and has no criminal record of punishment since 2010 is favorable to the defendant.
In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.