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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 4, 2018, around 21:50, the Defendant driven a 1 ton cargo vehicle B with alcohol content of about 0.178% while under the influence of alcohol at a distance of about 100 meters from the street in front of the Sinsan Mart 51, Singu, Singu, Yancheon-ro, 411, 51, Singu, Sinung-ro, Yan-ro, Yan-ro, Yan-si, Yan.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by considering the following normal relation with the reasons for sentencing.
- Unfavorable circumstances: The records of the same crime were reached three times, and the recidivism was conducted for about 40 days from the date of the previous crime, the fact that the drinking value was high and favorable: The confession and rebuttal was made, and there was no criminal record exceeding the fine.