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
[Criminal Power] On January 6, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Busan District Court.
【Criminal Facts】
On 23:43 on 24. 205.24.205, the Defendant driven a public parking lot located in the Gangseo-gu Busan Metropolitan City trile on approximately 50 meters section from the front of the public parking lot in the same Dong to the front road in the same Dong, while under the influence of alcohol concentration of about 0.063%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the result of the drinking driving control, and the statement on the state of drinking drivers;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers and confirmations) and Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Although the defendant had been punished for drinking driving, he again committed the crime of this case even though he had the record of sentencing under Article 62-2 of the Criminal Act.
On the other hand, considering favorable circumstances such as the fact that the Defendant recognized the instant crime, the fact that the Defendant did not have any specific criminal power, other than the crime of violation of the Road Traffic Act (driving) and the fact that the distance of drunk driving is relatively short, the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, and circumstances revealed in pleadings, etc., the sentence shall be determined as ordered by the disposition.