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 February 1, 2007, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on January 30, 2018, a summary order of KRW 6 million from the Busan District Court’s Dong Branch for the same crime, etc.
【Criminal Facts】 On November 18, 2019, at around 22:05, the Defendant driven a F 124c motorcycle while under the influence of alcohol level 0.157% while under the influence of alcohol level 0.157%, at a section of about 50 meters from the front of the Busan Suwon-gu B, “Cjuk” to the road located in the same Gu and in the front of “E”.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous for judgment: Application of Acts and subordinate statutes attaching criminal records, repeated statements and summary orders of the same kind of power;
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. An order of education under Article 62-2 of the Criminal Act has the record of being punished several times, including the reason for the sentence of punishment under Article 62-2, and in particular, the sentence shall be determined as ordered in full consideration of the fact that the case was committed during the period of suspension of execution, the fact that the blood alcohol concentration is high, the circumstances surrounding drinking driving and identification, the circumstances revealed in the course of pleading and the record and pleading of the case