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 April 24, 2009, the Defendant received a summary order of KRW 500,000 from the Daegu District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act. On November 9, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine of KRW 1,50,00 as a crime of violation of the Road Traffic Act at the Busan District Court on July 29, 201.
On March 14, 2020, at around 01:25, the Defendant driven a BA6 car in the state of alcohol alcohol concentration of about 0.097% in the section of about 3km from the front of the mutually unclaimed restaurant located in the Gandong-gu, Gyeongdong-gu, Gyeongdong-si to the front road of the South-do intersection located in the same 484-2 South-do.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, such as criminal 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. The main sentence of Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, and identical previous convictions as major sentencing factors; and (b) the Defendant’s perception of the Defendant’s mistake and desires not to mislead the Defendant again; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc. comprehensively taking into account all the sentencing conditions as indicated in the arguments, such as the Defendant’s age, character and behavior, environment