도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
except that 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 July 17, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on July 17, 2015.
Nevertheless, at around 02:35 on June 18, 2020, the Defendant driven Ebed or a car under the influence of alcohol at approximately 3.5 km section from the latter public parking lot of the Republic of Korea to D. The Defendant driven the Ebed or car in the state of alcohol with a blood alcohol concentration of at least 0.150% (HE formula application).
As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Reports on the occurrence of a traffic accident, traffic accident reports, photographs of the scene of the accident, chassiss (E), circumstantial statements of a drinking driver, investigation reports, reports on the results of the drinking driving control (report on the circumstances of a drinking driver), notification on the results of the drinking driving control, investigation reports (including the details of the receipt of reports and the measurement of drinking), 112 report records, internal investigation reports (A telephone call), and internal investigation reports;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (applicable to punishment for drunk driving of a suspect), and copies of summary orders;
1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act that selects the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Although the suspended sentence was punished for the reason of the sentencing under Article 62(1) of the Criminal Act, the drinking driving again was conducted, and the blood alcohol concentration level is very high so that the nature of the crime is not easy.
Therefore, the execution of punishment shall be suspended in consideration of the fact that there is no record of punishment for a crime other than punishment by a fine so far, and the age, occupation, family environment, economic situation, etc. of a defendant is taken into account.