도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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
1. On December 27, 2016, the Defendant driven BM5 car under the influence of alcohol level of about 400 meters from a section of approximately 400 meters to the front of the restaurant in the name of the apartment in front of the Hanyang apartment located in Dong Dong-dong, Hanyangdong-dong, to the day before the restaurant in front of the same Dong.
2. On December 29, 2016, the Defendant driven BM5 car under the influence of alcohol leveling of about 0.110% from the 1km section to the front road of the “SM5 car” located in the Dong Dong-dong, Han-dong, Han-dong, an apartment in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the circumstantial reports on drivers of various driving vehicles and the results of regulating drinking driving;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, driven the second drinking from 2005 to 3, and the fourth drinking due to the instant crime.
In particular, the fact that the defendant was found while driving a drinking again only on the two frameworks after he was under the influence of drinking is disadvantageous to the defendant.
However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.
In addition, the punishment shall be determined as ordered in consideration of the records of this case, such as the defendant's age, sex, environment, and motive of crime, and all of the sentencing conditions identified in the trial process.