도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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
【Criminal Power】 On August 13, 2013, the Defendant has a record of being sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court (driving) and a fine of three million won for the same crime at the same court on December 15, 2016.
【Criminal Facts】 On May 5, 2019, the Defendant driven a vehicle with a quantity of 5 km C from the road located in Seocheon-si B apartment to the road located in Seocheon-si, Seocheon-si with a blood alcohol level of 0.054%, while under the influence of alcohol around 22:48.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. Previous convictions in judgment: Foreign crimes, data inquiry about criminal investigation experience, and application of court rulings and statutes;
1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the crime that can bring the life of a person who is not only his own but also another person, and the nature of the crime is inferior, but also poor, the fact that the defendant recognizes the crime of this case, the fact that there is no criminal record exceeding the fine, the fact that the defendant's blood alcohol level was considerably low, etc. shall be considered as favorable to the defendant. In addition, the sentence shall be determined as above in consideration of the defendant's age, environment, character and behavior, motive and means of the crime, and circumstances after the crime, and all of the sentencing factors indicated in the records and arguments of this case, such as the crime, etc., and the execution of the sentence shall