도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On April 12, 2018, around 23:28, the Defendant driven a motor vehicle Bn while under the influence of alcohol content of 0.103% from the front day of the Seo-gu Incheon Seo-gu Incheon Seo-dong “Sari-dong,” to the front day of the Seo-gu Incheon Seo-dong, Seo-gu, Seo-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of drivers at home and report on the situations of drivers at home;
1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a situation unfavorable to the defendant, where the defendant drives a vehicle while under the influence of alcohol 0.103% of alcohol content in his blood, and the nature of the crime is not weak. The defendant has a record of criminal punishment twice as a same crime even before, and driving of alcohol is highly likely to inflict harm on another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.
On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine for the same crime before, the alcohol concentration in blood at the time of detection is not relatively more than 0.103%, and there is no traffic accident involving personal and material damage while driving alcohol, and again, he/she does not drive alcohol again.
It is hard to say that it is favorable to the defendant.
In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.