도로교통법위반(음주운전)
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.
Punishment of the crime
On June 10, 2019, at around 19:50, the Defendant driven a DNA car in the state of alcohol alcohol 0.145% in the 5km section from the street world near the Uniform Movables in the Republic of Korea, the law of the Republic of Korea, to the roads near the C elementary school located in the same city B.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident reports, on-site photographs, report on the circumstances of a drinking driver, notification on the results of the drinking driving control, and application of Acts and subordinate statutes;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant committed the instant crime even though he/she had a history of criminal punishment twice due to the violation of the Road Traffic Act; and (b) the Defendant, in the circumstances surrounding which the Defendant was driving at the time of the instant crime, has no special circumstances to consider; (c) the drinking driving is a crime that may cause serious damage to the life, body, or property of another person as well as his/her own; and (d) the need for the corresponding punishment
However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.
In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.