도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 8, 2018, the Defendant driven B smart car under the influence of alcohol content 0.186% from a section of approximately 2.5 km from the parking lot of the river line village 3, which is located in the Gangseo-gu, Sinsan-dong, Sinsan-dong, Sinsan-dong, to the shooting distance of the National Cancer Center located in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime in 2017, even though he/she had been under criminal punishment twice due to a violation of traffic laws on roads and a violation of traffic laws on roads in 2017.
The Defendant, while driving on the road, was driven while driving on the road to the extent of locking, and there is no special circumstance to consider when the Defendant was driving at the time of the instant crime, and the driving of drinking is a crime that may cause serious damage to another person’s life, body, or property as well as the person in question, and there is a need to punish the person in need of corresponding punishment.
However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.
In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.