도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 3, 2016, the Defendant driven B K5 cars under the influence of alcohol concentration of 0.129% from the front day of the smart Do-dong, Nam-gu, Chungcheongnam-gu, Nam-gu, Seocheon-gu to the front day of the Busan Busan-do, Nam-gu, Seoan-gu, Seoan-gu, Busan-do to the front day of the 320km Busan-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has already been subject to criminal punishment for drinking or refusing to measure drinking on two occasions, and the driving of drinking on an expressway without any special reason, and the occurrence of a traffic accident while driving on the expressway, etc. is disadvantageous to the defendant.
However, the circumstances favorable to the defendant are that the defendant recognizes his mistake and reflects, and that there is no past record of criminal punishment exceeding the fine.
In such circumstances, the defendant's age, sex, environment, motive, means, results, etc. shall be determined as ordered in consideration of the circumstances after the crime.