도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 28, 2018, the Defendant driven an ECo or car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.224% from around 200 meters to the front of the D community hall located in C, from the road in front of the dwelling of the Defendant in Heungung-gun, Seoul, Seoul, to the roads in front of the D community hall located in C.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to a report on occurrence (Arrest of a flagrant offender), an investigation report (report on the situation at the time of dispatch to the scene and measurement of drinking), and notification of the results of
1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: The defendant's mistake and reflects that the defendant recognized his or her own mistake, the defendant confirmed the non-existence of his or her spouse, and there are circumstances to consider the circumstances of the crime, support his or her mother, there is no criminal history of imprisonment without prison labor or more.
(1) Unfavorable sentencing factors: The fact that alcohol concentration is high in blood and that there is a same kind of previous conviction and a single time.