도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and four months.
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 February 20, 2018, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on February 20, 201.
On December 22, 2019, at around 16:33, the Defendant driven a bicycle with D 124c motor, while under the influence of alcohol 0.219% of alcohol content, from the front of the convenience store in which it is impossible to identify the trade name in the Geumdong-gu Busan Metropolitan City from the front of the convenience store to the front of the C in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of an employee’s driver) and the circumstantial statement of an employee’s driver;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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 reasons for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant was sentenced to a fine for a drunk driving in 2018 as stated in the judgment of the lower court; (b) the risk of drunk driving has been realized by causing a traffic accident; and (c) the Defendant’s blood alcohol concentration level is very high that is disadvantageous to the Defendant.
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.