도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 28, 2020, at around 23:25, the Defendant driven a D low-speed car with approximately 50m alcohol concentration of 0.225% while under the influence of alcohol from around 50m to the road in front of Ulsan Metropolitan City, Nam-gu, Seoul Metropolitan City.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, inquiry into the result of the crackdown on drinking driving, and the circumstantial statement of a drinking driver (A);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 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 grounds for sentencing under Article 62-2(1) of the Criminal Act of the Order to Attend the lecture [the scope of the punishment by law] The imprisonment of one year to two years and six months [the sentencing guidelines] are not set (the sentence sentence]. The sentence shall be determined as per the order, comprehensively taking into account all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the circumstances after the crime was committed, together with the sentencing circumstances for the defendant as stated below the suspension of two years and the order to attend the lecture.
D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drunk driving; the defendant is driving in this case even though he/she had a record of punishment; the normal circumstances favorable to the driving in the state that blood alcohol level exceeds 0.2%: The defendant is against himself/herself; the defendant has no record of the suspension of execution or more.