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 September 11, 2008, the defendant was issued a summary order of a fine of 300,000 won by the Busan District Court for the crime of violation of the Road Traffic Act.
At around 22:00 on April 24, 2020, the Defendant driven a F Costa car in the state of alcohol alcohol concentration of about 0.085% at the section of about 3 km from the front of the road located in D of the ideology-gu, Busan, for the road located in D. The Defendant driven a F Costa car in the state of alcohol concentration of about 0.085%.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report on the results of crackdown on drinking driving, the circumstantial statement of a 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, and copies of summary order Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the criminal act in the second judgment is disadvantageous to the defendant even though the defendant had a record of being punished for drinking driving like the previous conviction in the judgment.
However, considering the circumstances favorable to the defendant that the defendant does not cause a traffic accident to realize the risk of drinking driving, and that the defendant has no record of being sentenced to a suspended sentence of imprisonment or heavier punishment.
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.