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 became final and conclusive.
Punishment of the crime
[Criminal Power] On February 10, 201, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court on February 10, 201.
【Criminal Facts】
On April 29, 2020, at around 22:30, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 5km from the front of a non-cafeteria located in the Seocheon-dong, Busan to the front of the Cmiddle School located in the Seocheon-gu, Busan to the roads in Busan.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Application of criminal records, replys to criminal records, investigation reports (verification of criminal records of the same kind), and summary order of approximately 40504 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that even though the defendant had a record of punishment for drunk driving, he/she again committed the instant crime, and that he/she did not have a low alcohol level at the time of drunk driving, etc. are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that it was difficult for the defendant to leave the agency due to a defect in hearing, which led to the crime of this case, is favorable to the defendant.
In these circumstances, various sentencing factors indicated in the records, such as the defendant's age, character and conduct, motive and background of the crime, results and circumstances, shall be determined as ordered.