도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
except that 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
[criminal power] On December 4, 2007, the Defendant was sentenced to a fine of 2.5 million won for the same crime in the same court, and a fine of 2.5 million won for the same crime in the same court on November 7, 2011, respectively.
【Criminal Facts】
On August 21, 2016, at around 09:10, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of approximately 0.072% from the 1km section to the front road of the same west-gu in the west-gu Northwest-gu.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Before ruling: Criminal references and criminal investigation reports (verification of the same record as a suspect) and the application of statutes;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered.
Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment due to drinking driving several times.
A favorable normal situation: The defendant again does not commit the same kind of crime.
The blood alcohol concentration of the defendant is less than 0.1%.
There is no criminal records over probation against the defendant.