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
[criminal power] On November 10, 2008, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 2 million for the same crime from the Changwon District Court on August 30, 2010, and a summary order of KRW 5 million for the same crime from the same court on June 16, 2014, respectively.
【Criminal Facts】
On June 15, 2020, at around 00:25, the Defendant driven a D leraber car while under the influence of alcohol content of about 0.150% at the section of approximately 200 meters from the mutual unrest parking lot located in Changwon-si Masan-si synthetic Dong to the front day of C in the same Gu.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.
The blood alcohol concentration is also very high.
However, the defendant stated that he is aware of and against the facts of crime.
There is no record of punishment except the criminal records in the judgment.
In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.