도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 January 27, 2017, the Defendant driven CM5 car under the influence of alcohol content of about 300 meters at a section of approximately 0.234% from the 300-meter radius to the front road of the cafeteria, a mutually aesthetic restaurant near the Taepyeong-gu, Daejeon, Daejeon, to the front road of the same dong, while driving the CM5 car under the influence of alcohol content of about 0.234%.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the reports on traffic accidents, reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and inquiries about the results of crackdown 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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.
Unfavorable circumstances: The crime of this case is not good because the person committed another crime even though he had the record of being punished twice due to drinking driving, and the crime of this case is committed again, even though he did not occur even though he did not occur, the traffic accident that causes the vehicle to string the vehicle, and the degree of drinking is very favorable: The fact that the degree of drinking is very high: two times the record of the same crime, but all of it is the power of fine, confession and reflects.