도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On November 27, 2007, the Defendant was sentenced to a suspended sentence for four months by imprisonment for a violation of the Road Traffic Act, and two years by the same court on July 7, 2010, for a violation of the Road Traffic Act. < Amended by Act No. 1010, Nov. 27, 2007; Act No. 1010, Jul. 7, 2010>
On March 19, 2015, at around 20:53, the Defendant driven a cargo vehicle B under the influence of alcohol content of about 400 meters from a section of about 0.201% of alcohol content to the front road of the elderly welfare center for the aged, located in the same city large-ro, from the front road of the mutually aesthetic galle, which is on the alley road of Bocheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking power);
1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (such as the confession of the defendant) is not only the defendant has already been punished for the same kind of crime several times, but also the defendant committed the instant crime again despite being sentenced two times due to drunk driving or a suspended sentence, and the blood alcohol concentration at the time of driving was also 0.201%, and it is inevitable for the defendant to sentence.
However, the term of punishment shall be determined as ordered by taking into account the following factors: the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc. and all the sentencing conditions specified in the records and arguments of this case.