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
On June 15, 2012, the Defendant was sentenced to a suspended sentence of two years at the Busan District Court for a crime of violation of the Road Traffic Act.
On June 25, 2020, at around 16:55, the Defendant driven an EM3 passenger vehicle under the influence of alcohol leveling 0.224% of alcohol level from the Do in front of the city in Yangsan-si B to the front of D in the same city.
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (report on confirmation of the record of re-offending of sound driving), judgment, and application of Acts and subordinate statutes of summary order;
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 reason for sentencing under Article 62-2(1) of the Criminal Code of the Order to Attend the lecture [the scope of the punishment by law] Article 62-2(1) of the Order to Attend the lecture is not set [the sentencing guidelines] (the sentence] one year of imprisonment with prison labor, and two to two years and six months (the sentencing guidelines). In addition to the sentencing conditions for the defendant as follows: the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after
D. Unfavorable circumstances: (a) a person who is in danger of causing fatal harm to the life and property of another person as well as his/her own; (b) the defendant has already been punished five times due to drunk driving; (c) a person is subject to a suspended sentence of imprisonment due to the immediately preceding drunk driving; and (d) the blood alcohol concentration at the time of the pertinent driving exceeds 0.2%.