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 became final and conclusive.
Punishment of the crime
On December 2, 2011, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch, and on March 2, 2012, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act.
On November 22, 2019, at around 02:08, the Defendant driven an EM5 vehicle while under the influence of alcohol 0.114% of alcohol concentration from the date before the Busan East-gu B market to the front road in the Busan Dong-gu C.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition in full view of the following: (a) there is no fact of criminal punishment exceeding the grounds for sentencing under Article 62(1) of the Criminal Act; (b) his/her mistake is against himself/herself; (c) motive and background of the crime; and (d) blood alcohol