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
On May 18, 2019, at around 01:50, the Defendant driven an Efran vehicle at approximately 5.9km from the Cin-gu road located in Pakistan-si B with a blood alcohol concentration of 0.190% on the same day from May 18, 2019 to the front road of the D bus stops in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver and the control results of drinking driving;
1. Relevant Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine twice due to drunk driving, but re-driving a motor vehicle.
On the other hand, it is against the defendant's wrong recognition.
Alongly, it was limited to a simple drinking driving without any human or material damage.
The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct