도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for four months.
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 March 8, 2016, the Defendant, while under the influence of alcohol leveling 0.142% among blood transfusion around 22:08, driven a cub car in B from the front side of the Sejong-gu Kambridge restaurant to the front side of the National Health Insurance Corporation located in the center of regular business in Gwangju-gu to approximately 50 meters.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the reporting on detection of the driver involved and the statutes of the response request for appraisal;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (Selection of Imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the Defendant’s records of punishment for drinking alcohol (not less than twice due to drinking alcohol driving from 2004 to 2013, not less than a fine, driving distance, blood alcohol concentration, and the Defendant’s age, sexual behavior, environment, health conditions, circumstances of the crime, and circumstances after the crime, etc.