도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six 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
[criminal power] On December 26, 2008, the defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act in the Busan District Court's branch court's support on December 26, 2008.
【Criminal Facts】
On August 4, 2019, at around 01:40 on August 4, 2019, the Defendant, who was punished for drunk driving, driven the EMW car under the influence of alcohol of about 0.146% in the section of approximately 500 meters from the C public parking lot located in the Busan Dong-gu, Busan to the front road of the Busan Dong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. A written inquiry about the result of crackdown on drinking driving;
1. A report on investigation (the sequence 8 of evidence list);
1. The circumstantial statement of the employee;
1. Previous records: Application of one copy of inquiry report and summary order, such as criminal records;
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 sentencing period under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. committed a second offense against the defendant with the criminal history of drunk driving, and the blood alcohol level also exceeds 0.146%, and the first time when the defendant escaped from control, made a false statement as if he/she was a driver, and confused with the investigation, etc., the defendant is selected to be sentenced to imprisonment in light of the following: Provided, That the defendant’s age, character and behavior, and environment, including the circumstances favorable to the defendant, including the fact that there was no other criminal records other than the previous and the previous drunk driving, and that there was no accident in the course of driving, and the defendant did not cause an accident, shall be sentenced