도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
On June 27, 2014, at around 23:35, the Defendant driven a 40-meter B Maz car at the front of the GS convenience store located on the 1273-lane 1273-way Gyeongyang-gu Gyeongyang-si in the state of alcohol alcohol leveling to 0.203% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the state of driving under driving under the influence of alcohol and the control of drinking driving;
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The Defendant’s crime of drinking alcohol driving in this case for the reason of sentencing under Article 62-2 of the Criminal Act is very serious since drinking water is high. If the Defendant neglected to have received a fine twice due to drinking driving in 195 and 2012, he/she may choose to punish the Defendant with severe punishment.
However, it shall be considered that there is no other criminal record except the criminal record of the above drinking driving fine, and the fact that the defendant recognizes the driving of drinking from the police and seeks the wife.
In addition, based on the sentence sentence of the same case as the previous sentence of the prosecutor (one year of imprisonment, two years of probation, probation, and community service order) and the sentencing conditions shown in the arguments and records of this case, the sentence is determined as ordered and the execution of the sentence is suspended, but an order to attend the course is issued to prevent recidivism.