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 July 24, 2013, the Defendant was notified of a summary order of a fine of KRW 4 million at the Busan District Court due to a violation of the Road Traffic Act.
【Criminal Facts】
On May 1, 2020, at around 21:04, the Defendant driven D-II cargo vehicles under the influence of alcohol leveling 0.195% from the 3km section from the front of the “C” in the Busan Sagu, Busan, to the front of the “Dong Tridong” road located in the same Gu and Dongridong.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Investigation report on the accused's legal statement (report on the circumstances of the driver), and inquiry into the results of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, attachment of a summary order of the same kind of power, and application of Acts and subordinate statutes attached to two summary orders;
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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished twice due to drinking driving, but again committed the instant crime, and the Defendant’s blood alcohol concentration was very high at the time, and the Defendant caused an accident of shocking the front vehicle stopped for the signal atmosphere due to drinking driving.
In the above unfavorable circumstances, the defendant recognized the crime of this case as well as the defendant's violation of the Road Traffic Act. Considering the favorable circumstances such as the defendant's age, character and conduct, environment, motive and background of the crime, the process of detection of drunk driving, and circumstances after the crime, the punishment as ordered shall be determined.