도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
On July 6, 2017, at around 12:35, the Defendant driven B cherb while under the influence of alcohol concentration of about 0.218% from the portion of approximately 3km from the blood alcohol level to the bank, as the Defendant, from the street in front of the original restaurant to the original cirth of the original cirbane, was in the influence of alcohol level of around 0.218%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking alcohol, and application of Acts and subordinate statutes to report the situation of drivers;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Reasons for sentencing under Article 53, Article 55(1)3, and Article 55(1)6 (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 201) of the Criminal Act for mitigation of small quantities are very high in alcohol concentration in blood at the time of the instant case, and the risk thereof is also high.
The Defendant has been punished several times due to driving of drinking alcohol, refusal to measure drinking, non-licensed driving, etc. (in 200, rejection of drinking alcohol measurement, etc. in 2004, driving of drinking without a license in 2010, driving of drinking and non-licensed driving without a license, etc.). In 2010, the Defendant was sentenced to a fine by driving of drinking on two occasions in 2010, and was sentenced to a fine by driving without a license in 2012, and was sentenced to a fine by a fine in 2012 and a punishment by a fine in 2013). Despite such continued punishment, the Defendant once again followed the instant drinking driving. In consideration of the attitude and power of the Defendant’s law and order, it is difficult for the Defendant to function as a proper punishment.
The decision is judged.
The sentence shall be determined as ordered in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, etc.