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 December 19, 2019, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court.
On October 12, 2020, the Defendant, while under the influence of alcohol level of 0.128% from blood alcohol level around 02:54, driven a D-do 12 km-packed vehicle from the front of C, located in Heak-gu, Sinju to the front road of the Cheongju-si, Heakdong-dong 122-2, Goju-si, Goju-si.
Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of recidivism records of drinking driving);
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant has no history of criminal punishment heavier than a fine; that there is no personal injury due to the defendant's drinking crime; that the defendant does not repeat the crime and lives conscientiously in the future);
1. Article 62-2 (1) of the Criminal Act on the community service order;