도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant was punished by a fine of KRW 1.5 million from the Changwon District Court as of June 15, 2007, by a fine of KRW 2 million from the Busan District Court as of April 30, 2010, by a fine of KRW 2.5 million from the Changwon District Court as of March 28, 2011, but was punished by a fine of KRW 2.5 million from the Changwon District Court as of March 28, 201, on July 5, 2019, the Defendant driven B vehicles under the influence of alcohol concentration of approximately 20km from the front of a cafeteria in the mutual influence on the road in Busan Gangseo-gu, Busan Metropolitan City to the front of the Seowondong-dong, Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the violation of the Road Traffic Act and making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to inquiry reports;
1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that the Defendant again committed the instant crime even though he had been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act regarding the operation of automobiles, such as the violation of the Road Traffic Act and the violation of the Road Traffic Act, and the Defendant’s blood alcohol concentration at the time of the instant crime, it is necessary to severely punish the Defendant.
However, the fact that the defendant recognizes the crime of this case and separates his mistake and does not repeat the crime of this case, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, etc.