도로교통법위반(음주운전)
1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 2, 2016, at around 23:30 on September 2, 2016, the Defendant driven a CF car under the influence of alcohol 0.221% in a section of approximately 1k alcohol content from the front of the SF shop to the front of the convenience store.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. The application of Acts and subordinate statutes to car accidents, actual condition survey reports, field photographs, reports on the results of the control of drinking driving, drinking drivers, standing statement reports, reports on the control of drinking driving, notification of the results of the control of drinking driving, and the tea inquiry;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking account of the defendants’ age, occupation, character and conduct, family relationship, circumstances after the commission of the crime, etc.
- Unfavorable circumstances - Although the record of punishment for a drunk driving or a traffic accident-related crime is possible, a drunk driving has been conducted again.
-crimes are serious and highly dangerous, such as damaging parked vehicles by shocking them while driving under drinking, and paying an accident that Defendant's vehicles enter the convenience store into the convenience store.
- drinking water is very high.
The favorable circumstances - the mistake has been divided in depth.
- Support the old-age who is difficult to move due to cerebral aftermathy.
-There is no previous conviction or more than a suspended sentence, except a fine due to drinking.