도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 December 7, 2011, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine of KRW 3,500,000 due to a violation of the Road Traffic Act (driving). On December 3, 2012, the Busan District Court issued a summary order of KRW 3,50,000 due to a violation of the Road Traffic Act (driving) at the Dong branch branch court of the Busan District Court, and on October 6, 2016, the Busan District Court issued a summary order of KRW 5,00,000 as a penalty of violation of the Road Traffic Act (driving).
Around 04:40 on April 1, 2019, the Defendant driven a fran-free car from around 10 meters to the E-Maart road located in Busan Shipping Daegu, under the influence of alcohol by 0.06% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to an investigation report, an entry report, an investigation report, criminal history records, and an investigation report (suspect's previous conviction and attachment to judgment) to the host driver;
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined in light of all the sentencing conditions, including the criminal records, blood alcohol concentration, age, environment, character and conduct, the course and consequence of the instant crime, and the circumstances after the crime, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.