도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than one year and six months.
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 November 17, 2008, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Busan District Court on November 17, 2008, and on February 4, 2015, the same court issued a summary order of KRW 4 million to a fine for the same crime.
At around 02:45 on April 21, 2020, the Defendant driven a 15 kilometer B Spp vehicle from the public parking lot in the Busan Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si to the front left of the Dong-dong-si-dong-si in order to drive a 0.130% alcohol level.
Accordingly, the defendant was driving a motor vehicle while under the influence of alcohol even though he violated the prohibition of driving under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;
1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;
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. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. is based on the following factors: Defendant’s age, character and conduct, family environment, motive and means of the crime, circumstances leading to the crime of this case, circumstances leading to the crime of this case, and blood alcohol concentration at the time of the crime.
A favorable circumstances: The defendant reflects the crime of this case and again makes the defendant not to drive under the influence of alcohol.
It seems evident that the social ties, such as the origin of bombs, are significant.
Unfavorable circumstances: The above crimes have been committed again even though they were punished for three times due to repeated drinking driving.