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 December 11, 2015, the Defendant driven a C rocketing car under the influence of alcohol concentration of approximately 0.245% from the section of approximately 6km to the front road of the Central Net-gu Seoul Metropolitan City in 99, Jinjin-gu, Seoul Special Metropolitan City, which was located in the Yancheon-gu, Seoul Special Metropolitan City on December 22:45, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the detection of suspected violation of traffic laws on roads;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. A written consent to blood collection and a written response to a request for appraisal;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, again committed the instant crime even though he had been sentenced to a fine for the same offense, such as a violation of road traffic laws and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc.
In the crime of this case, the degree of main practice is very serious.
However, the fact that the defendant's mistake is seriously against the defendant, there is no history of punishment for a heavier punishment than the suspension of execution, and the health status is not good.
In addition, the sentencing conditions, such as the age, sex, environment, etc. of the defendant, shall be comprehensively determined as per the order.