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
Around 10:45 on August 13, 2020, the Defendant started from the “C” restaurant parking lot located in Yangsan City B, and driven a D-hurd-purged car at approximately approximately 200 meters away from the section of approximately 200 meters to the said parking lot, while under the influence of alcohol concentration of 0.211%.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, statement made by the defendant, inquiry into the results of the regulation of drinking driving and the circumstantial statement;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.
D. Unfavorable circumstances: The driving under the influence of alcohol is a dangerous criminal that may cause a fatal damage to the life and property of another person as well as the normal situation that is favorable to the driving under the influence of alcohol to the extent that the blood alcohol level exceeds 0.2%: the Defendant is against the Defendant, and the primary offender is the first offender.