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 becomes final and conclusive.
Punishment of the crime
On May 4, 2020, at around 04:23, the Defendant driven a E-high-est car in the state of alcohol alcohol concentration of about 0.203% from the front side of the “C” in the Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, to approximately 4km.
Summary of Evidence
1. Application of Acts and subordinate statutes of the defendant's legal statement, state-take driver's report, investigation report, notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, driver's license ledger, and the next-time inquiry report to the defendant;
1. Relevant Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
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.
Inasmuch as the risk of a traffic accident is extremely high solely on the ground that there was no serious loss of human life as a result of a drunk driving, the illegality of a drunk driving shall not be reduced to a level of loss or under-assessment.
The results of such social agreements led to the amendment of legislation, and the Road Traffic Act was partially amended on December 24, 2018, and came into force on June 25, 2019.
(2) the amendment.