도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 8, 2019, at around 01:28, the Defendant driven an Erocketing car with approximately 300 meters alcohol concentration 0.138% under the influence of alcohol from the front road in Yeongdeungpo-gu Seoul Metropolitan Government to the front road in D.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the actual condition survey report and the circumstantial statement of a host driver;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 1530, Jun. 25, 2019);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Determination of the same sentence as the order shall be made in consideration of the overall conditions of sentencing specified in the pleadings of the instant case, including the reasons for sentencing under Article 62-2 of the Criminal Act, the background of drinking alcohol driving, the measurement of drinking alcohol, the previous conviction of a fine for drunk driving, the risk of recidivism, the reflectivity, etc.
It is so decided as per Disposition for the above reasons.