도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 July 20, 2017, the Defendant driven a 2km car at around 34 km-ro, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Seoul, with alcohol content of 0.311%, while under the influence of alcohol during blood transfusion around 01:30 on July 20, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of the Act and subordinate statutes on fact-finding survey report and accident scene photographs;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (2) 1 and 44-2 (Selection of Imprisonment);
1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);
1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act (refluence favorable to the latter) corresponds to the circumstances favorable to the Defendant, such as the Defendant’s confession of the instant crime and the recognition of his mistake while committing the instant crime, and the Defendant’s primary offender who has no particular criminal record. However, on the other hand, the instant crime constitutes a case where the Defendant driven a motor vehicle under the influence of alcohol 0.311% in blood alcohol concentration in the blood, and the nature of the relevant crime is not good, the Defendant’s blood alcohol concentration is very high, and the Defendant causes physical damage due to the shock of the vehicle parked by the Defendant.
In full view of the aforementioned various circumstances and the defendant’s age, family relation, sex, environment, motive and background of a crime, means and method of a crime, and circumstances after a crime, the punishment as ordered shall be determined by comprehensively taking into account all the following factors: