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 April 27, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution at the Busan District Court on April 27, 2016.
【Criminal Facts】
On August 9, 2020, at around 19:08, the Defendant driven a C L-Won car at approximately 7km section from the bottom of the Songdong-dong, Busan, to the house located in the same Gu B, while under the influence of alcohol level of about 0.089%.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Investigation report on the accused's legal statement (report on the circumstances of the drinking driver), inquiry into the results of the crackdown on drunk driving, notes of bureau and water appraisal, and statement of questions and questions;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (formers 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. Article 62 (1) of the Criminal Act;
1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, committed the instant crime even though he had been punished for drinking driving three times, including the previous conviction in the previous judgment, again committed the instant crime, and caused an accident that shocks the fire hydrants installed in India due to drinking driving, and the distance of drinking driving is also reasonable.
On the other hand, considering the favorable circumstances in which the defendant recognized the crime of this case and reflected it, the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances revealed in pleading, etc. shall be determined as ordered by the text.