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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 2, 2011, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court's regular branch court.
On July 27, 2020, the Defendant, while under the influence of alcohol at a 0.036% alcohol level, driven Category C truck on the road of about 18 km away from the vicinity of the former North Chang-gun to the high-speed Eup in the same Gun, via the high-speed terminal located in the same Gun, Chang-gun Eup in the same Gun through the high-speed Eup in the same Gun, and up to the front day of the entrance of the high-speed highway in the same Gun.
As a result, the defendant violated the Road Traffic Act (driving) more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Notification of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of suspect's records of driving under influence of alcohol), and copies of summary order statutes;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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. Although the driving distance for sentencing in Article 62-2 of the Criminal Act is reasonable, the blood alcohol concentration level was lower, and the accident was not caused, but was discovered in the crackdown on drinking alcohol.
The vehicle was sold.
The past record of the same kind of crime has been more time.
In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.