도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 20, 2013, at around 21:40, the Defendant driven a B-D car under the influence of alcohol content 0.263% from the section of approximately 8km to the road located in the budget Eup located in the budget Eup of the same military budget from the front of the budget Eup located in the budget Eup of the same military budget.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. Probation, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act are dangerous crimes threatening not only to themselves but also to the lives and property of an unspecified number of people. In particular, even though the Defendant had been punished once due to drinking driving in 2010, the Defendant again committed the crime of drinking driving in this case despite the fact that he had already been punished once due to drinking driving in 2010, not only committed the crime of drinking driving in this case, but also caused the accident while driving in the state of drinking with the blood alcohol concentration of 0.263%.
However, considering the fact that the defendant reflects his mistake in depth, the personal damage has not occurred due to the drinking driving of this case, the defendant has no criminal record other than a fine for a time due to drinking driving, and other various circumstances, such as the family relation, age, character and conduct, environment, etc. of the defendant, the sentence identical to the order shall be determined and the execution thereof shall be suspended on the condition that probation, community service, and law-abiding lecture take place.