도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 22, 2015, the Defendant, while under the influence of alcohol level of 0.241% during blood transfusion, driven a Cobserver car in the section of about 15 km to the front road of the class of the Gangseo-gun, Gyeong-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, Gung-gun, G
Summary of Evidence
1. Statement by the defendant in court;
1. A copy of the statement of the circumstances of the driver involved in the shipowner and the report made by the driver involved in the shipowner;
1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. When considering the fact that the defendant committed the instant crime in the state of 0.241% alcohol concentration during blood transfusion even though he/she had a history of punishment for multiple times due to the same kind of crime, the reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures is heavy.
However, the execution of imprisonment is suspended only once by taking into account the following factors: (a) the defendant has led to his/her confession of a crime, and appears to reflect his/her depth; (b) the defendant has no record of punishment exceeding a fine due to driving under drinking; and (c) the defendant's age, sexual conduct, environment, motive and background of the crime; (d) relationship with the victim; and (e) circumstances after the crime. The sentence is determined as ordered.