도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two 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
On October 27, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on October 27, 2008, and on September 3, 2014, the Defendant was issued a summary order of KRW 1 million as a fine by the same court.
On February 28, 2020, the Defendant was under the influence of alcohol with 0.061% of blood alcohol concentration at around 21:00, and was driving a DNA-si car from around 30 meters to the Busan Gangseo-gu road.
Accordingly, the defendant was driving under drinking not less than twice.
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 records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect A drinking driving);
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 defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures are the criminal acts again judged despite the fact that the defendant had been punished for the previous drinking driving, and the defendant's risk of drinking driving resulting from a traffic accident is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant that the defendant has no record of punishment heavier than that of imprisonment without prison labor.
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.