도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 February 26, 2016, the Defendant driven BMW 420d car under the influence of alcohol content of approximately 0.137% from the 3km section from the new Jeju Comprehensive Market, which is linked to Jeju City, to the roads in front of the Dong Child Care Center, to the roads in front of the Dong Child Care Center.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to a report on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are the crimes of violating the Road Traffic Act in the past, and there is a history of being punished by a fine for each time for the violation of the Road Traffic Act and the crimes of violating the Road Traffic Act (non-licenseed driving) on July 26, 2012, and the crimes of violation of the Road Traffic Act (non-licenseed driving), violation of the Road Traffic Act (non-licenseed driving), violation of the Road Traffic Act (non-licenseed driving), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before dangerous driving), in addition, even though there was a history of being sentenced to a suspended sentence of 2 years for 10 months, in view of the fact that the defendant was sentenced to a suspended sentence of 10 months, and that the amount of alcohol concentration among the blood of the defendant
However, the defendant confessions the crime of this case and repents his mistake, the previous convictions of each of the above fines have been about 10 to 12 years, and the punishment shall be determined as ordered in consideration of both the defendant's age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case.