도로교통법위반(음주운전)
The punishment of the accused shall be determined by eight months of imprisonment.
, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.
Punishment of the crime
On June 6, 2017, while under the influence of alcohol content 0.313% during blood transfusion, the Defendant driven D string-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of the notification of the results of survey on actual condition, scene of accident, vehicle photographs, and regulations on drinking driving;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1), (2), and the main sentence of Article 44-2(3) of the Medical Care and Custody Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.
Unfavorable circumstances - The defendant's blood alcohol concentration is very high at the time of committing the instant crime.
- On October 5, 2010, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (drinking).
Nevertheless, the crime of this case was committed again.
The defendant shows his intent not to commit a crime of drinking again by scrapping the vehicle in his judgment.
- The Defendant seems to have a habit of drinking alcohol in an old age and seems to have good health.
- The defendant has no past record of criminal punishment exceeding the fine, except for the suspended sentence on October 5, 2010, and has been subject to other criminal dispositions after the above day.