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 June 13, 2012, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Busan District Court.
【Criminal Facts】
On April 11, 2020, at around 21:35, the Defendant driven an E 5 vehicle while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.186% at the section of approximately 800 meters from the south-gu Busan B apartment to the front road of the Dmaart intersection located in Suwon-gu, Busan.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;
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. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the instant crime; (d) the means and consequence after the instant crime was committed;
The favorable sentencing condition: The crime of this case appears to be recognized and reflected, and the sentencing condition unfavorable to the fact that there is no record of criminal punishment other than the criminal records in the judgment: the crime of this case has been committed again despite being sentenced to a summary order of a fine due to drinking driving, and the defendant's blood alcohol concentration is considerably high at the time.