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 2, 2016, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.
On July 9, 2019, at around 23:22, the Defendant driven C K5 cars from around 500 meters away from the road in which it is impossible to find out whether the blood alcohol level of 0.104% is 0.10% or more at the same time on the road in Bupyeong-si to B in Busan-si.
Accordingly, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;
1. Previous convictions: Application of Acts and subordinate statutes to criminal and investigation records reports to the prosecution (verification of sound driving records);
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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be considered as circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects the defendant, and the fact that the defendant has no record of punishment exceeding the fine, etc. In addition, the circumstances leading up to the detection of the crime in the judgment, the defendant's blood alcohol concentration and mileage at the time of the crime, the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, and other circumstances shown in the records and arguments