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 October 21, 2008, the defendant was issued a summary order of a fine of one million won at the Seoul Central District Court due to a violation of the Road Traffic Act.
On September 25, 2019, at around 21:10, the Defendant: (a) driven a car in the state of alcohol alcohol concentration of 0.107% from the front of the “C” road located in the Jinsung-gun B to the neighboring parking lot in the above place; and (b) driven a car under the influence of alcohol concentration of 0.107%.
Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. The actual survey report on traffic accidents;
1. On-site photographs of traffic accidents;
1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of force);
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;
1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act: (a) the degree of alcohol concentration, driving and traffic accident background; and (b) the major sentencing factors, the Defendant’s mistake is recognized; (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all sentencing conditions specified in pleadings, such as the circumstances after the crime, are determined as ordered and the execution of the order is suspended on the premise that the order is faithfully performed.