도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On January 21, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on October 25, 2016, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.
【Criminal Facts】
around 23:55 on July 30, 2020, the Defendant driven a C TworkXG car at a distance of about 20km from around the 206 Busan East-gu road to the front of the Busan Northern-gu road.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, his statement and records of the crackdown on drinking driving and investigation report (the report on the status of the drinking driver);
1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes to criminal investigation reports (verification of criminal suspect's records of drinking alcohol driving);
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. 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 twice, the Defendant committed the instant crime again, and the Defendant’s blood alcohol concentration at the time is relatively high, and the distance of drinking driving is also long.
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.