교통사고처리특례법위반등
A defendant shall be punished by imprisonment for six months.
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
Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time of driving motor vehicles at least twice in the past while under the influence of alcohol does not pose no substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, it is recognized as criminal facts by arranging the facts charged
On June 20, 2008 and April 22, 2010, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On July 24, 2014, the Defendant driven a Cpoter Ⅱ in the influence of alcohol leveling 0.104% of the blood alcohol level to the roads adjacent to the same end of the day in the two ports or near Sinpo-si, Sinpo-si, Sinpo-si on July 24, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement on the occurrence of traffic accidents;
1. Application of Acts and subordinate statutes to reports on detection of drivers and investigation reports (limited to the same type of criminal records);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentence of Article 62-2 of the Criminal Act is suspended, and the execution of the sentence is suspended and it is so ordered as per Disposition, taking into account the circumstances such as the fact that the reason for sentencing of Article 62-2 of the Criminal Act requires two times, the driving force of drinking alcohol again was high, the imprisonment of six months is imposed, but there was no record of punishment for drinking alcohol for a considerable period after being punished as a crime of violation of the Road Traffic Act in 2011, and there was no record of punishment of imprisonment without prison labor or heavier.