도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is engaged in driving a rocketing car.
On April 9, 2017, the Defendant: (a) started in front of the Sogdong, Suyang-si, Gangwon-si, Gangwon-do; (b) driven the said car under the influence of alcohol content 0.244% at the 1km section from around 02:47 on the same day to the roads in front of Seogdae-gu, Magdong, which is located in the same Dong in the same city as the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the arrest report of the case, notification of the result of regulating drinking driving, and photographs concerning drinking driving;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The punishment as ordered shall be determined by taking into account the following factors: (a) the fact that there exists a record of punishment for driving alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the high alcohol concentration in blood at the time of the instant case; (c) the Defendant recognizes all the instant crimes; (d) the Defendant has no previous record of exceeding the fine; (c) the Defendant disposes of the vehicle actually used by the Defendant; and (d) the Defendant’s age, sex behavior, environment, circumstances of the crime, means and consequence of the crime;