도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
On May 1, 2015, the Defendant received a summary order of a fine of KRW 3 million from the Daegu District Court due to the crime of violation of the Road Traffic Act.
On September 13, 2020, at around 04:22, the Defendant driven an E i30 vehicle while under the influence of alcohol 0.124% of blood alcohol concentration from the front of the C cafeteria located in Asan City B to D’s shooting distance.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. The circumstantial statement of the employee;
1. On-site photographs;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);
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;
2. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;
2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.
3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.
As stated in the ruling, the Defendant is punished as a drinking driving, but he is re-driving, and the responsibility for such crime is not less complicated.
The blood alcohol concentration is relatively high.
However, the defendant seems to have led to confession and reflect on the crime of this case.
Only one fine shall be imposed on the person.
In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.