도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 9, 2018, the Defendant was under the influence of alcohol content of 0.103% during blood transfusion around 07:0, the Defendant driven a rocketing car at approximately 23 km section from around 23 km to around 602, via the “dypam food” in the same military-purpose 892 at the 7-ro, 1-gil, Sin-dong, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the 1-ro, 1-ro, 1-ro, 2-ro, 3-ro, 1-ro, 602.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. The punishment provided for in Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
3. Article 62 (1) of the Criminal Act on the suspension of execution;
4. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] / The alcohol concentration in the blood transfusion of the instant drinking driving did not amount to 0.103%, and the distance for driving under the influence of alcohol was also driven.
The crime of this case was committed in traffic accidents and the risk was realized.
The defendant has a total of three times criminal records, such as being sentenced to punishment for an act causing a traffic accident while driving under drinking.
[ favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake is divided.
The Defendant did not drive a vehicle immediately after drinking, but drive a vehicle for drinking and working at work after drinking alcohol from the preceding day, and led to the instant crime.
In addition, the instant traffic accident did not cause personal injury to a third party.
The defendant has no record of criminal punishment, in addition to a fine imposed once for the crime of immigration after the punishment in 2004, from the punishment to the crime of immigration offense.
In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.