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 March 27, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act. On November 22, 2013, the Defendant was issued a summary order of KRW 1.5 million by the same court as a crime of violation of the Road Traffic Act. On September 30, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with labor for a crime of violation of the Road Traffic Act.
On March 25, 2020, at around 00:13, the Defendant driven D Eccoo-car at approximately 3 km from the roads adjacent to the G cafeteria located in Gwangju Nam-gu, Nam-gu to the roads adjacent to the Pungam Life Sports Park located in Gwangju-gu, Gwangju-gu, while under the influence of alcohol of 0.126% of alcohol level.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Criminal records, etc. inquiry reports, written judgments, and application of summary order statutes;
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. On the grounds of sentencing under Article 62(1)1 of the Criminal Act, Article 62(1)1 of the Act on the Suspension of Execution and Order to Attend the same kind of crime by the defendant, blood alcohol concentration at the time of the instant crime, the circumstances leading to the drinking driving, the distance and place of the drinking driving, and the circumstances leading to the Defendant’s mistake, taking into account the Defendant’s age, character and conduct, and circumstances before and after the instant crime, and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.