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 24, 2015, the suspect was sentenced to a fine of one million won or more as a violation of the Road Traffic Act by the Busan District Court on June 24, 2015 and committed a violation of the Road Traffic Act more than once.
On June 06, 2020, at around 01:06, the suspect driven BM3 car in the state of alcohol alcohol concentration of approximately 0.110% from the 2km section from the front of the Jeju Plock Road located in the Plockdong, Busan, to the front of the thought railway road located in the Plockdong, the suspect driven BM3 car under the influence of alcohol concentration of about 2km.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and summary order Acts and subordinate statutes;
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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant was sentenced to a fine for drinking driving in 2015, but the criminal act again stated in the judgment is disadvantageous to the defendant.
However, considering the fact that the defendant has no record of being sentenced to the suspended sentence of imprisonment without prison labor or heavier punishment, and that the defendant has caused a traffic accident and has not realized the risk of drinking driving.
In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.