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 September 1, 2017, the Defendant was issued a summary order of a fine of three million won by the Daegu District Court for a violation of the Road Traffic Act.
Criminal facts
On May 21, 2020, at around 02:14, the Defendant driven a D Blue car while under the influence of alcohol concentration of about 0.119% in the 2m section of the alleyway near the Ccafeteria located in the Daegu Suwon-gu B market.
As a result, the defendant, even though he was punished for a drunk driving, was driving again while under the influence of alcohol.
Summary of Evidence
1. The defendant's legal statement license register, the next inquiry register, the report on detection of suspects violating the Road Traffic Act, and the report on the circumstantial statement of the host driver; and
1. Previous convictions indicated in judgment: Criminal records and investigation reports (Attachment of the latest previous criminal records and summary order - Application of Acts and subordinate statutes);
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.
Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.
The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.
Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.
Driving in drinking condition is an act of increasing the above risk of driving.
Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.
The results of drinking driving are significant.