도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 12, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch branch on June 12, 2014, and KRW 3 million for the same crime at the Busan District Court on June 7, 2018.
On October 1, 2020, the Defendant driven an E-car with alcohol concentration of about 0.094% from the 200-meter section from the Busan-gun apartment to the front road located in the same Gun C, around October 1, 2020, while under the influence of alcohol level of about 0.094%.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made at regular ports of the driver in charge of driving, investigation report (report on the situation of the driver in charge of driving), and notification of the results of regulating the driving of drinking;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentencing shall be repeatedly taken into consideration:
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the community service order is disadvantageous to the defendant, such as the driving of a vehicle in a drinking condition and the nature of the crime is not less and less than that of the crime, the degree of drinking is not less and the same criminal record is less than twice.
However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.
In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.