도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 July 24, 2019, at around 15:35, the Defendant driven a D SP car while under the influence of alcohol leveling 0.204% of alcohol level at approximately 40 meters from the Do in front of the Daegu Northern-gu BGra to C.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of E and F;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Application of each statute on photographs;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment on the grounds of the social request that eradicates the harmful effects of drinking alcohol driving on the grounds of sentencing in Article 62-2 of the Probation Criminal Act, has been implemented, the defendant is not subject to severe warning, and the criminal liability should be chosen by taking into account the following: (a) the fact that the defendant's drinking driving was reduced at a low level and caused traffic accidents; and (b) the degree of blood alcohol concentration exceeds the criteria for revocation of license; and (c) the defendant's gross alcohol concentration exceeds the criteria for revocation of license; and (d) the defendant requires severe warning and choice of imprisonment: Provided, That the execution of a sentence shall be postponed by taking into account the fact that he was unable to drive a drinking alcohol for about twenty (20) years after the divorce; (b) there was no history of punishment heavier than imprisonment without prison labor or heavier punishment; and (c) the defendant's age and occupation after divorce; and (d) probation should