도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
around 18:50 on 07. 08. 08. 18., the Defendant entered the D indictment in the state of drunk alcohol concentration of 0.396% from the front of the industry to the 28th road of the same Gu, 177 Do-ro, 17. Do-ro, and 28 Do-ro, as “E”, but according to the actual sulfur survey, the Defendant is obvious to be a clerical error and corrected to “D”.
Poter vehicles were operated.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):
1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as ordered.
A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.
Unless the defendant has been punished once in 2004 due to drinking driving, there is no record of punishment otherwise.
Unfavorable circumstances: The defendant was punished for the same crime, but it is highly likely to repeat the crime of this case again.
In particular, since the blood alcohol concentration of the defendant's blood is significantly high, it is necessary to punish the defendant strictly.