도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 24, 2017, around 11:30, the Defendant driven a B-to-purd motor vehicle with approximately 800 meters alcohol level 0.239 percent alcohol level while under the influence of alcohol level from the front road to the road located in about 70-13 at the upper end of the YY-si, the upper end of which is 239-1, the upper end of the day, or from the front side of the road to the road located in about 800-13 in the upper end of the same side of the road.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, or the order to attend a community service order, had been punished twice as a fine for the same kind of crime, and that the Defendant’s blood alcohol concentration level at the time of driving is very high to 0.239%, it is necessary to strictly punish the Defendant.
However, in consideration of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of the suspension of execution or heavier punishment, the age, environment, criminal records, criminal records, the circumstances after the crime, and the circumstances after the crime, the punishment shall be determined as ordered.