beta
(영문) 광주지방법원 순천지원 2019.04.26 2019고단282

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2019, at around 18:15, the Defendant driven Dunst Cargo Vehicles while under the influence of alcohol content 0.225% in the two-meter section of the roads adjacent to C in Mayang-si, Mayang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver report on the circumstantial statement, and the results of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 punishment to prevent recidivism shall be determined by taking into account the following circumstances: (a) unfavorable conditions such as the Defendant’s blood alcohol concentration at the time of committing the crime with the reason of sentencing under Article 62-2 of the Criminal Act; (b) favorable conditions, such as the Defendant’s reflection of his/her mistake; and (c) the Defendant’s age, family environment; (d) the interval between the Defendant and the time of the instant crime