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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 22, 2018, while under the influence of alcohol 0.30% among blood transfusions, the Defendant driven B benz automobiles at approximately 500 meters from the Gongungdong House in Seoul Special Metropolitan City to the front road of the same Nowon-ro 75 nuclear hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of crackdown on the driving of alcohol, application of Acts and subordinate statutes of a report on the detection of drivers engaged in alcohol and a report on the detection of drivers;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. While the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is poor in the nature of the crime that the defendant drives in the state of full intake from the blood alcohol concentration of high blood alcohol, there is no record of criminal punishment heavier than a fine, the defendant confessions and reflects the crime of this case, and the case was not causing any traffic accident differently due to a mere driving of drinking, it is not appropriate to select a fine as to the defendant.
At this time, the defendant's dependents are many dependents, the health of his children or parents is not good, and the defendant's children or parents are in need of sick care, and the defendant's choice of a fine is judged to bring more harsh results to the defendant, and the defendant's choice of a fine is determined to reduce the amount of imprisonment and to order suspension of execution.
On the other hand, the Defendant complained against the Defendant that his occupation-related driver’s license was written for living and that his license was not revoked. However, in criminal law, it cannot be determined whether his/her driver’s license was revoked, and such contents cannot be reflected in this judgment. This is on the trial date and the trial date.