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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 26, 2015, at around 18:05, the Defendant driven a motor vehicle of 10 meters in the section of approximately 10 meters of alcohol level in the direction of the house welfare center located in the same Dong from Meart to the front of the house welfare center in the same Dong, while under the influence of alcohol level of 0.132%.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The application of Acts and subordinate statutes to a traffic accident report, a notification of the results of regulating drinking driving, a statement on the circumstances of a driver of drinking driving, and a survey on actual condition;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing of Article 62-2 of the Criminal Act, such as the observation of protection and community service and order to attend lectures, are the same as drinking and driving without a license.
However, the last opportunity will be given in consideration of the fact that there is no violation after 2011, the distance of movement is very short, and the fact that the mistake is against the depth.
The execution of imprisonment with labor for the accused shall be suspended, and community service, attending lectures, and observing the protection of three years shall be ordered to follow the instructions of the protection and observation officer concerning the frequency of drinking and the operation of vehicles.