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 September 5, 2019, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act.
【Criminal Facts】
At around 01:00 on September 24, 2019, the Defendant driven a B-wheeled vehicle with blood alcohol concentration of about 0.093% from around the Busan subway Station located in the Busan Eastdong-gu, Busan, to the front road of the Sindok 1 Public Security Center located in the city of Busan, from around 6km to the Sindo 1 Public Security Center located in the city of Busan.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Notification of the result of crackdown on drinking driving;
1. Report on the circumstances of an employee;
1. Records before judgment: Criminal records, etc., and the application of Acts and subordinate statutes of inquiry reports and investigation reports (Evidence List Nos. 10);
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 reasoning for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc., committed a crime in a short period despite having the Defendant’s history of drinking alcohol, and the blood alcohol level reaches 0.093%, in light of the circumstances, the Defendant is selected to be sentenced to imprisonment. However, considering all the circumstances favorable to the Defendant, including the following: (a) the Defendant’s age, character and behavior, and environment, including those favorable to the Defendant, with no criminal record other than the previous and the previous drunk driver’s license; and (b) the occurrence of an accident during driving, etc.