도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On 02. 02. 02. 02. 02. 02. 02. 02. 02. 02. 40, the Defendant was under the influence of alcohol content of 0.105% during blood, and the Defendant driven B-learning car from approximately seven kilometers in approximately seven kilometers from the front of the Eunpyeong-gu Seoul Metropolitan Maamambidong to the front road of 202.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Relevant legal provisions, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), and the choice of imprisonment with prison labor for a crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and order to attend lectures are that the Defendant has driven alcohol while driving his/her driver's license revocation, and the nature of the offense is not weak.
Furthermore, even though the Defendant had been subject to criminal punishment on three occasions due to driving of drinking, the Defendant should be subject to criticism that the Defendant committed the instant crime.
As shown in the existing cases, it seems inevitable to select imprisonment with prison labor for the defendant simultaneously because the punishment of fine alone cannot expect the effect of recidivism and improvement edification.
However, even if you choose imprisonment with prison labor, the sentence of the sentence to the defendant is somewhat harsh in view of the equity in punishment with similar criminals, and the sentence of the sentence to the defendant is likely to be somewhat harsh, and the defendant confessions the criminal facts and repents his/her mistake, and the crime of derivatives from driving under the influence of alcohol such as traffic accidents, etc. has not occurred.
In order to prevent the recidivism of the defendant's same crime, the defendant's participation in a compliance driving instruction was ordered, and the protection was observed during the period of suspension of execution.
In addition, the defendant's age, sex, the details and motive leading to the crime of this case, and the period after the crime is committed.