도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and 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 July 31, 2019, at around 07:57, the Defendant driven a DNA siren car in the state of alcohol alcohol 0.248% while under the influence of alcohol, from the front of the C cafeteria located in the Gumi-si B to the Harna distance located in the same city of Do.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the state of driving under driving under the influence of alcohol and the control of drinking driving;
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act which choose the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):
1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures or orders to provide community service;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;
2. Application of the sentencing criteria: There is no sentencing criteria set. 3. Circumstances should be taken into account, such as the fact that the accused who made the sentencing on March 3, 200 recognizes all crimes and reflects them, the accused was not punished for the same kind of crime after he was sentenced to a fine due to drinking driving in 203, and that there is no record of punishment exceeding the fine.
However, in light of the fact that the Defendant was punished for drunk driving, the driving distance at the time of the instant crime was considerably long, the alcohol concentration level was considerably high, and the Defendant was temporarily under the influence of alcohol, and the situation at the time of the crime was considerably dangerous, such as that the Defendant was divingd under the influence of alcohol and crackdownd by another driver’s report under the influence of alcohol.
In addition to the above various circumstances, the defendant's age, character and conduct, occupation, family relationship, circumstances after the crime, and attitudes after the crime are considered together and the sentence is determined as ordered.