도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 21, 2017, the Defendant was under the influence of alcohol content of 0.276% during blood transfusion around 23:17, and was driving a car in the Cspex at the section of about 300 meters from the 300-meter away from the road front of the friendly oil station located in Daegu-gu Newdong-dong, to the road front of the friendly oil station located in 244 at the same depth.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection of suspects in violation of traffic laws on roads;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of documents related to the detection of drinking);
1. Relevant legal provisions regarding criminal facts, Articles 148-2(2)1 and 44(1) of the Act on the elective Traffic, the choice of imprisonment (the Defendant has a record of being punished by a fine of one million won due to a violation of the Road Traffic Act in 1999, a fine of two million won due to a drunk driving in 2008, a fine of five million won due to a refusal to measure drinking in 201, a fine of five million won due to a refusal to measure drinking in 201, and a fine of one million won due to a non-licensed driving in 2011.
In addition, not only the degree of alcohol content is considerably more than 0.2% in blood at the time of driving of the instant case, but also there are no circumstances to be considered in the motive.
1. Articles 53 and 55(1)3 of the Criminal Act (the distance driven by the Defendant at the time of the instant case was less than 300 meters, and there was no other situation that could cause harm to traffic.
The defendant is seriously against himself, and the defendant will not repeat again in the future.
The defendant has been under the influence of drug therapy and arbitration in 2009 and 2017 on two occasions due to an unstable scarcity, and is currently under the influence of drug therapy.
1. Article 62 (1) of the Criminal Act (the sentencing criteria for traffic crimes applicable to the grounds for the above mitigation and similar crimes shall be deemed to be the negative reasons for the suspension of execution in cases where there are two or more criminal records of the same kind of probation within five years. In the case of the defendant of this case, the defendant of this case shall be considered to have no criminal records of the same kind
1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection (this case is a violation of the serious traffic Acts and subordinate statutes).