도로교통법위반(음주운전)
A defendant shall be punished by imprisonment with prison labor for up to 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
On December 18, 2018, at around 03:45, the Defendant driven a motor vehicle in the state of alcohol 0.132% under the influence of alcohol 0.132% in the section of about 50 meters from the front of the Michuhol-gu Incheon Btel to the front of the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and application of Acts and subordinate statutes governing field photographs;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s record of having received a fine of one million won for the crime of violating the Road Traffic Act (driving) around May 1, 2017; thereafter, there was a record of being sentenced to a fine of one million won for the crime of violating the Road Traffic Act (driving without a license); the Defendant caused an accident that gets after driving a vehicle while driving a vehicle under drinking; the Defendant’s blood alcohol concentration (0.132%) was relatively high; the Defendant’s blood alcohol concentration (0.132%) at the time of committing the instant crime; on the other hand, the Defendant reflects the instant crime; the driving distance, the Defendant’s age, character and behavior, environment, the motive, means and method of the instant crime; and the circumstances after committing the instant crime, etc., the sentence identical to the order shall be determined by taking into account the following factors.