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 February 12, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court.
On August 2, 2019, at around 11:05, the Defendant moved to drive a car in a state of alcohol of about 0.253% of blood alcohol concentration at approximately 10km from the 13.2km (round 12, 2019) of the Manyang-si Highway 13.2km (round 11:05).
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Each investigation report, notification of the results of the drinking driving control, traffic control, and busct images;
1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment of the same criminal records), and application of one copy of judgment to Acts and subordinate statutes;
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 (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant re-driving a motor vehicle without being aware of the history of punishment for drunk driving, and that the Defendant was sentenced to punishment in consideration of the overall circumstances, such as blood alcohol concentration and driving distance.