도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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
1. On July 2, 2020, the Defendant, while under the influence of alcohol at around 18:35 on July 2, 2020, driven a fK-5 car in the section of approximately 500 meters from the vicinity of the restaurant in Gwangju Northern-gu to the E-district parking lot located in the same Gu, under the influence of alcohol level of 0.037%.
2. On July 2, 2020, the Defendant driven the said car on July 2, 2020, at around 23:49 around July 2, 2020, at around 0.071% of alcohol level, while under the influence of alcohol level around July 2, 2020, the Defendant driven the said car in the section of about 1km from the vicinity of the electric reticulate in the wing-gu, Gwangju to the front of the salary zone located in the 78th place of culture in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to notification of the results of drinking driving control;
1. Relevant provisions of the Road Traffic Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):
1. Article 62 (1) of the Criminal Act on probation;
1. The reasons for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture are as follows: (a) the Defendant was driving at least twice a day; and (b) the Defendant was punished several times a day; and (c) the Defendant’s intent to comply is weak; and (d)
However, in light of the circumstances, such as the fact that drinking water in this case was not high compared to other cases, there are some extenuating circumstances in light of the background of the Defendant’s committing the crime in this case, and the Defendant’s late and late repents his mistake, the execution of the sentence shall be suspended, and the execution of the sentence shall be suspended, but the probation and compliance driving lecture shall be ordered to order the Defendant to attend the probation and compliance driving lecture so that it can be repeated as sound members of society, and the sentence shall be determined as per Disposition.