도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 April 29, 2016, the Defendant driven BMW car under the influence of alcohol by 0.194% from the portion of approximately 100 meters, from the 100-meter section to the same Eup/Myeon, from the day before the day of the influence of the trade name fluence on the side of the Ynyang-si, Namyang-si, Namyang-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is a convenient means of transport. However, since the dangerous article that can be inferred by a deadly weapon, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal circumstances.
In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due care and physical exercise has been significantly deteriorated, and it is highly likely to cause serious harm to unspecified persons.
In light of the fact that the defendant had a history of punishment twice due to drinking driving, etc., he/she again drives drinking, and the alcohol concentration in blood is very high, there is a need for strict punishment.
However, since 2006, the defendant has been punished once due to driving of the same kind of drinking, and the defendant's age, sex, environment, motive, means and result of the crime, and the conditions of sentencing specified in the arguments, such as the circumstances after the crime, shall be determined as the order.