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
On August 19, 2013, at around 19:55, the Defendant driven a B-be cargo vehicle while under the influence of alcohol content of about 0.258% in the section of about 20km for the road front of the bank, Cheongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, a local government through a new budget-based local government, in front of the 317 Cheongsung-gun, Chungcheongnam-gun, Hongsung-gun, a local government.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for the suspended sentence") is a dangerous crime that threatens the life and property of another person as well as his/her own. The nature of the crime is not weak. Even though the defendant had already been punished for the suspended sentence due to the crime of drunk driving, etc., he/she again committed the crime of drinking driving in this case, even though he/she had already been punished for the suspended sentence, and the blood alcohol concentration at the time was considerably high by 0.258%. Thus, there is a need for strict punishment of the defendant.
However, it appears that the defendant recognized the crime of this case and divided into the truth, the defendant did not have any criminal record, the defendant did not have any additional accident such as causing physical injury to others due to drinking driving of this case, and the defendant's age, health condition, environment, etc., are considered, and the sentencing conditions specified in this case are considered. It is so decided as per Disposition.