도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 20, 2019, at around 09:21, the Defendant driven a 125CC drive from the front side of the Busan Jin-gu, Busan to the front side of the 71k-do, Busan Jin-gu, with approximately 1km alcohol concentration of about 0.196%, while under the influence of alcohol, the Defendant driven a 125CC, which was not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A written statement on the occurrence of each traffic accident;
1. Traffic accident report (1) and (2), report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, and written appraisal;
1. Mandatory insurance policies;
1. A medical certificate and a written result of autopsy;
1. Application of the relevant Acts and subordinate statutes to a written estimate or damaged photograph;
1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 201);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)
1. The reason for sentencing Article 62-2 of the Criminal Code Article 62-2 of the Order to Attend a lecture is that the defendant drives an erroneous soil in drinking condition
Although there is a high level of alcohol concentration at the time of committing an accident, the sentencing as ordered in consideration of the fact that the defendant confessions all the crimes and repents his mistake, that is agreed with the victim of the traffic accident, that is the primary crime without criminal power, the age of the defendant, economic situation, etc.