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
The defendant is sentenced to a summary order of a fine of two million won by committing a violation of the Road Traffic Act at the Changwon District Court on April 8, 2013, and a summary order of a fine of one million won by the Busan District Court on December 24, 2015.
Around 01:45 on February 18, 2020, the Defendant driven a car with approximately KRW 100 micker at the front of the E Hospital located in Busan Northern-gu D, in the state of alcohol of about 0.090% of blood alcohol level around 01:45.
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, reply reports (A), investigation reports (Attachment two copies of the previous records and summary orders);
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, including the fact that the Defendant committed the instant crime again even though he/she had been punished twice due to drunk driving in the past, and that the Defendant’s blood alcohol concentration was not lowered at the time.
However, considering favorable circumstances, such as the fact that the defendant recognized the crime of this case, and the fact that the defendant has no record of exceeding the fine, the punishment shall be determined as ordered by taking into account the following factors: the defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime.