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 June 2, 2008, the defendant received a summary order of 700,000 won from the Busan District Court for the crime of violation of the Road Traffic Act.
On July 15, 2020, at around 22:14, the Defendant driven D-low-car under the influence of alcohol leveling 0.095% of alcohol level from the front of a restaurant on the trade non-fluoroned in the Yongsan-gu, Changwon-si, Jinwon-si to Busan Gangseo-gu to the front end of the C-gu, Busan Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and summary order 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. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the criminal act in the second judgment is disadvantageous to the defendant even though the defendant had been sentenced to a fine due to drinking driving as stated in the judgment of the court below.
However, the fact that the previous criminal records of the defendant's driving under the influence of alcohol have been prior to ten years or more, and that the defendant has no record of being sentenced to the suspended sentence of imprisonment or more is favorable to
In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.