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
At around 14:00 on September 21, 2018, the Defendant driven a Frano five tons vehicle under the influence of alcohol leveling 0.172% from the 3km section to the front road of “E” located in the same military unit D, around 14:11 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. The application of Acts and subordinate statutes to each actual condition survey report, field photographs, the report on the circumstantial statement of a drinking driver, the collection of blood and confirmation letter, the inquiry into the results of the control of drinking driving, the blood alcohol appraisal report, and the investigation report (the calculation of the blood alcohol concentration according to the Medmark formula);
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Article 62 (1) of the Criminal Act;
1. The rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. seems to have shown that the defendant was aware of his/her crime, and the fact that he/she has no criminal record of imprisonment with labor or heavier punishment for the same crime is favorable to the defendant.
However, even though the defendant was punished by a fine in 2004 and 2007 due to drinking driving, he is also driving under the influence of drinking, and the fact that the driving under the influence of drinking is controlled by causing a heavy traffic accident, etc. are disadvantageous to the defendant.
Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as