beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who has driven a motor vehicle under the influence of alcohol on March 30, 201 and on February 27, 2013, with a blood alcohol concentration of 0.101%, and with a blood alcohol concentration of 0.117% on February 27, 2013 and violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.
On August 21, 2013, at around 00:01, the Defendant driven a B-to-purd vehicle with a blood alcohol concentration of 0.134% under the influence of alcohol without a vehicle driver's license on the front of the Big Data Day in the Gu-U.S. Do-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous conviction: Application of a copy of summary order;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for drunk driving as stated in its reasoning, but at the same time, the crime of this case is committed, and the drinking water is not low.
Provided, That the punishment shall be determined as ordered in consideration of the fact that there is no previous conviction exceeding the fine, the reflective fact, etc. in favorable circumstances, and other circumstances, such as the age, character and conduct, environment, etc. of the defendant.