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 1, 2015, the Defendant received a summary order of KRW 1,500,00 from the Incheon District Court to a fine for a violation of the Road Traffic Act.
On May 29, 2020, at around 17:51, the Defendant driven a approximately 1k section from the front of a mutual influent restaurant located in the Seocho-gu Busan Metropolitan City, to the front road of the C Licensed Real Estate Agent in the same Gu B, while under the influence of alcohol concentration of about 0.134%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);
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 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The fact that the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has a record of being sentenced to a fine due to drinking driving, and that the criminal act in the second judgment is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant that the defendant has no record of punishment heavier than that of imprisonment without prison labor.
In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.