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 March 18, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on November 2, 2017, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.
【Criminal Facts】
The defendant is a person who drives a vehicle B at low price.
On May 12, 2020, at around 23:25, the Defendant driven the above low-speed vehicle under the influence of alcohol level of 0.081% from around 200 meters to the front of F in Busan Northern-gu.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Legal statement, statement of the accused, inquiry into the results of the drinking driving control, and investigation report (report on the circumstances of the drinking driver);
1. Previous records of judgment: Application of criminal records, reply reports, investigation reports (report attached to the same kind of power) and Acts and subordinate statutes;
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 Code of the Order of Education and the Order of Community Service, despite the previous records of punishment for drinking driving, the Defendant committed the instant crime again, and the Defendant’s blood alcohol concentration at the time does not lower.
On the other hand, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case as well as the fact that the defendant has no record of exceeding the fine, etc., the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.