도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On May 26, 2015, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Busan District Court’s branch branch branch, and on April 3, 2019, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court’s Busan District Court.
【Criminal Facts】
On February 11, 2020, the Defendant, while under the influence of alcohol of 0.113% from blood alcohol level around 05:25, driven a FMW car from the front of the “C” road located in Busan Southern-gu B to the front of the “E” road located in Nam-gu Busan-gu, Busan-gu.
As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.
Summary of Evidence
1. Report on the circumstances of the defendant's legal statement, a notice of the results of the drinking driving control, a CCTV screen closure photograph and a video CD investigation report (No. 8 in order);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);
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;
1. The reasons for sentencing under Article 62-2 of the Criminal Act are two times or more of the same kind of power, and the drinking water of this case is high.
However, the defendant's acknowledgement of the crime and reflects on his criminal records, and the distance of drunk driving is about 50M without any other criminal records prior to his previous conviction, the background of drunk driving, and all other circumstances revealed in the records and arguments of this case shall be determined as ordered by the decision.