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 January 28, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Busan District Court.
On November 22, 2020, around 00:56, the Defendant driven an Epic vehicle under the influence of alcohol leveling 0.165% of alcohol level in blood, from the front road of Busan B, to the front road of D in the same Gu C.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol in violation of the provision prohibiting driving under the Road Traffic Act.
Summary of Evidence
1. Examination of the defendant's legal records of crackdown on driving alcohol;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);