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 18, 2008, the Defendant was issued a summary order of fine of two million won at the Busan District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 5, 2020, at around 20:15, the Defendant driven a B car at a section of about 10 meters in the parking lot of the North-gu business office located in Seocheon-dong, Busan, under the influence of alcohol content of 0.17%.
Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. A report on detection of a host driver;
1. Investigation report (report on the circumstances of an immigration driver);
1. Investigation report (reporting persons, CCTV images, etc.);
1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning investigation status (applicable to criminal records of the same kind of punishment of a suspect);
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 Act has the record of being punished three times due to drunk driving.
At the time of driving, blood alcohol concentration is high.
The defendant recognizes his own crime.
The defendant has no record of punishment heavier than a fine for the same crime.
The driving distance is not about 10 meters.
In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.