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
On June 29, 2018, the defendant was sentenced to a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court's branch court.
Although the Defendant was under the influence of alcohol, on April 15, 2020, the Defendant driven a B K5 car under the influence of alcohol with approximately 10km alcohol level of about 0.123% from the 10km section to the summer Park in the direction of Busan-gun, Gun, and Eup, which was under the influence of alcohol level of around 0.123%.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. A written statement of the defendant C’s legal statement, a written statement, a report on the circumstances of the driver, and an inquiry into the control of drinking driving;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Even though the sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture had the same kind of force as the sentencing of the Criminal Code, the driving of the drinking water was conducted in the same manner, and the drinking distance is high,
However, the defendant should not drive under the influence of alcohol again with his depth of committing the crime. The defendant has no record of punishment more than a fine, as well as the same kind of power before and after his judgment, and the reason for driving under the influence of alcohol in this case and all other circumstances revealed in the records and arguments of this case shall be comprehensively considered, and the punishment as ordered shall be determined as per Disposition.