도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2007, the Defendant was sentenced to a fine of KRW 3.5 million due to a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.
On November 22, 2020, the Defendant driven an E 7 vehicle under the influence of alcohol leveling 0.035% of alcohol leveling from approximately 200 meters to D’s front roads located in C, from the 200-meter section, around a leisure hour, around November 22, 2020.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), text of judgment, etc.;
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 0.035% higher than the drinking volume; Supreme Court Decision 2006Da1448, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do129, Apr. 1, 2
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;