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 July 25, 2017, the Defendant driven BM5 vehicle at the section of about 4km from the water station near the water station in Suwon-si, Suwon-si, to the high color teaching in Suwon-si, under the influence of alcohol content of 0.184% among blood transfusion around 18:20.
Summary of Evidence
1. Statement by the defendant in court;
1. Written consent to blood collection and response to requests for appraisal;
1. Notification of the results of regulating drinking driving;
1. Application of traffic accident reports, investigation reports, and Acts and subordinate statutes governing the scene photographs of the accident;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);
1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lecture constitutes a disadvantageous condition to the defendant, such as the defendant's driving of a motor vehicle under the influence of alcohol content of 0.184%, which is not good in quality of the crime, the defendant's causing minor physical damage by causing a traffic accident, and the defendant has the record of being punished five times due to the same traffic crime, such as the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (unlicensed driving). On the other hand, the defendant recognized his mistake while leading to the confession of the crime of this case, taking into account the favorable circumstances of the defendant, such as the defendant's age, family relationship, sex, environment, motive and circumstance of the crime, the method and method of the crime, and the circumstances after the crime, etc.