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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 2, 2018, around 19:40 on September 2, 2018, the Defendant driven a DNA car with alcohol content of about 700 meters from the 700-meter section to the front road of the same Eup’s death bridge. The Defendant driven a DNA car with alcohol content of 0.230% from the blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking driving, application of a survey report on actual condition, and response to a request for appraisal;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (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 among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The defendant recognized his mistake and reflecteds his mistake, and the defendant supports the elderly alone.
(1) Unfavorable sentencing factors: The fact that alcohol content is high in blood and that there are two previous convictions and fines (each fine).