도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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
On December 13, 2010, the Defendant was sentenced to a fine of six million won due to a violation of the Road Traffic Act (drinking), etc. at the Changwon District Court on December 13, 201, and a person who had been sentenced to a suspended sentence of two years for six months by the same court on August 26, 2011 due to a violation of the Road Traffic Act (drinking).
On April 29, 2016, the Defendant driven B cargo at a section of approximately 1.5 km from the road front of a separate cafeteria in the Sin-Eup fishing village to the front of the 1.5 km in the Sin-dong in the same city, under the influence of alcohol level of 0.071% among the blood transfusions around 19:55.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.
However, the defendant's mistake is divided, the blood alcohol level is not high, the defendant is also sentenced to protection observation and community service order along with the suspended sentence of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered in the arguments of this case and the punishment is determined as ordered.