도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 August 22, 2018, at around 21:35, the Defendant driven Done Star Cargo at about 100 meters from the front of the Duducheon-si B to the front of the entrance of the C apartment, while under the influence of alcohol leveling 0.313% of alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into account the following factors: (a) the reason for sentencing under Article 62-2 of the Criminal Act requires a defendant to provide community service and attend lectures; (b) there is no criminal record exceeding a fine; (c) the criminal record of the defendant has been relatively old; (d) the defendant's blood alcohol concentration has been high; (c) the defendant's age, character and conduct and environment; (d) the distance and place of drinking driving; and (e) the defendant's age, character and conduct, motive, means and consequence of the crime; and