도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 June 18, 2015, around 23:30 on June 18, 2015, the Defendant driven a B B B B spam under the influence of alcohol content concentration of about 0.215% from the 3km section from the front of the Yanpo-dong, Busan Metropolitan City, to the front road of the apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a request for appraisal, a report on detection of a user driver (blood collection result);
1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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 made again for the reason of sentencing);
1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., the execution of the sentence is suspended only once more than that of the Defendant’s imprisonment with prison labor for a long time, but it is reasonable to order the Defendant to provide community service and to take a compliance driving course for a certain period of time, and such sentence is determined as ordered.
Disadvantageous circumstances: The defendant's criminal punishment for the same crime is not limited, and the defendant again commits the crime of this case, which is highly likely to be subject to criticism.
It seems that the defendant was under the influence of alcohol, and the driving distance is not short, and the risk of traffic accident seems to have been significantly high.
The defendant recognized the crime of this case.
There shall be no history of criminal punishment heavier than suspension of qualification.