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 two years from the date this judgment becomes final and conclusive.
Criminal facts
On June 16, 2009, the defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Suwon District Court's Ansan branch on June 16, 2009, and on September 1, 2010, the Daejeon District Court has been sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act.
At around 23:00 on March 23, 2014, the Defendant driven Bho XG car in the state of alcohol with a blood alcohol concentration of about 0.165% from the 1km section of the Guro-gu Seoul Metropolitan Government to the 73rd road of the error-dong, Guro-gu, Seoul.
Accordingly, even though the defendant was punished on more than two occasions by driving a motor vehicle under the influence of alcohol, he/she again driven a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Application of criminal records, reply reports, investigation reports, and 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration for sentencing)
1. The crime of this case for sentencing reasons under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Probation, etc. Act on probation, community service, or order for taking lectures is a case for which the defendant under the influence of alcohol, and in unfavorable circumstances such as the defendant's records of punishment several times of drinking driving, etc., the defendant's perception of the crime of this case reflects his mistake in depth, and the defendant reflects the favorable circumstances of single-parent families, etc. and all the sentencing conditions