도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On July 15, 2017, at around 23:40, the Defendant driven a small-scale car with alcohol content of 0.213% while under the influence of alcohol from around 1.5 km to around 429, as it was from the Dogwon-gu, Suwon-si, Suwon-si, Suwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of a response to the request for appraisal, and a master report;
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reasons for sentencing) - The defendant has the record of having been punished several times for the same crime. The defendant’s blood alcohol concentration exceeds the upper limit of drinking alcohol punishment. The favorable circumstances - the defendant recognizes all criminal facts. The defendant has no record of having been sentenced to a fine exceeding the upper limit of fine until then. The defendant has no record of serving a crime of the same kind in 2010 and 2013 at intervals of one time each time in 2013. The sentence should be imposed as ordered in consideration of all the conditions of sentencing revealed in the trial process in each of the above circumstances.