도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not more than ten 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 July 4, 2018, at around 17:45, the Defendant driven a HWz car in the state of alcohol alcohol concentration of about 0.235% from the G cafeteria to the intersection in front of the G cafeteria located in Busan, Busan, through approximately 5 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to notify the detailed statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the results
1. Relevant provisions of the Act and Articles 148-2 (2) 1 and 44 (1) (Punishment of imprisonment) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing, despite the fact that the Defendant was punished for committing a crime of violating the Road Traffic Act (driving alcohol driving) on the grounds of the crime of this case, such as the content of the crime in this case and the record of the crime, etc., it is deemed that he/she driven the drinking in this case, and as a result, he/she is deemed to have driven the drinking in this case. In light of the content of the crime in this case and the record of the crime in this case, it is necessary to have the risk of recommitting the drinking in society, and it is necessary to have the re-driving the drinking again, and the numerical value is very high, and the circumstances that seem to be disadvantageous after the crime are also considered to be disadvantageous.
Recognizing his criminal act and not driving under the influence of alcohol again.
In light of all the circumstances, such as the background, means and method of the crime of this case, the defendant's age, sexual conduct and environment, etc., and the conditions for sentencing prescribed in Article 51 of the Criminal Act as shown in the records and arguments, the punishment shall be determined as ordered.