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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
In Busan District Court, the Defendant was sentenced to a summary order of KRW 1 million on April 1, 201, a fine of KRW 4 million on March 20, 201, and a fine of KRW 4 million on March 20, 2012, and on July 25, 2014, the Defendant was sentenced to an order to attend a law-abiding driving course of KRW 24 hours on February 6, 2019. However, on February 6, 200:30, the Defendant was driving a motor vehicle at B, under the influence of around 3km-dong, Busan District Court to the roads adjacent to the Chodong-dong, Busan District Court as of March 30, 2019.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;
1. Application of the Act and subordinate statutes to inquiry reports and investigation reports (prior convictions and confirmations of the same type);
1. Relevant laws on criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment, etc.
1. Article 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act again commits the instant crime after the lapse of four years and six months from the date on which the Defendant was sentenced to a suspended sentence of imprisonment due to the violation of the Road Traffic Act, and taking into account the fact that the Defendant’s blood alcohol concentration at the time of the instant crime, etc., a serious punishment against the Defendant is needed.
However, the fact that the defendant recognizes the crime of this case and is in depth divided into his mistake and does not repeat the crime of this case, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered by the sentence.