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
On May 11, 2012, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court.
On October 29, 2020, the Defendant driven a D Spo-type car at a section of about five meters within the C Housing Parking Lot, which is the Defendant’s residence in Jin-si, while under the influence of alcohol content 0.094% during blood transfusion around 21:00.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Investigation report (to hear statements by a reporter and report thereon);
1. Application of an inquiry letter, such as criminal history, and a report on investigation (report attached to a summary order issued by the suspect's previous records) shall be made;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In full view of the criminal records of the defendant's like crime, the degree of his/her driving, driving circumstances, distance, etc., and the age, sex behavior, environment, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined as