도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for six 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 March 12, 2012, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Busan District Court on March 12, 2012, and the same court on April 30, 2013 received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) and received a summary order of KRW 4 million respectively.
Although the Defendant was subject to punishment twice or more due to driving of a motor vehicle under the influence of alcohol, around June 3, 2019, at around 21:20, the Defendant driven a FM6 motor vehicle under the influence of alcohol with approximately 0.093% of alcohol level 0.093% at a section of about 50 meters from the roads of C in front of the Busan-gun, Busan-gun, to the roads of E kindergarten located in D.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Making a report on the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records: Criminal records, etc. inquiry reports and application of each summary order-related Act and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. According to the reasoning of sentencing under Article 62-2 of the Criminal Act, the defendant is selected to be sentenced to imprisonment in light of the fact that he/she is driving under the influence of alcohol in this case, even though he/she had a record of driving under the influence of alcohol in the judgment, and the degree of alcohol level is relatively low, and there is no record of crime other than the above driving force, and the defendant's age, character and conduct, environment, etc. shall be considered as stated in the order, and the execution of the sentence shall be suspended, and an order to attend a lecture shall be imposed