도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for four 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
On January 8, 2017, the Defendant driven a low-water vehicle with alcohol content of 0.096% in a 120-meter radius from the river near the river basin in Seongbuk-gu, Sungnam-si, Seoul-si to the same Jungwon-gu, Jungwon-gu to the 126-round road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 3 and 44-2 (Selection of Imprisonment);
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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture has already been punished as a crime of violating the Road Traffic Act, but at the same time, the crime of this case has already been committed, and the crime of this case has already been committed, and some sections of the vehicle of the defendant at the time have been damaged due to the shock of the facility prohibiting the passage without permission.
On the other hand, the fact that the defendant reflects his mistake, and that the defendant has no record of punishment exceeding the fine is favorable to the defendant.
In addition to the above various circumstances favorable to or unfavorable to the defendant, the conditions of sentencing as shown in the argument of this case, such as the age, sexual conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, and the scope of the statutory applicable sentences (from January to June) shall be determined as set forth in the text, taking into account the conditions of sentencing as shown in the argument of this case, such as the circumstances after