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
[Criminal Power] On November 23, 2011, the Defendant was issued a summary order of KRW 2 million by the Busan District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
On September 28, 2019, at around 03:23, the Defendant driven a car with C Coin in the state of alcohol alcohol concentration of about 0.131% from the section of approximately 2km from the front of the B apartment in Busan Northern-gu, Busan to the front of the same Kucheon-dong, Seocheon-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Making a report on the control of drinking driving;
1. A written appraisal of blood alcohol;
1. Investigation report (Report on the status of an employee);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;
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 crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to be a crime that the defendant had a record of punishment for drunk driving, even though he/she had a record of driving under influence of alcohol.
The defendant recognizes his own crime.
The defendant has no power to be punished heavier than a fine.
In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.