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 June 11, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.
On October 5, 2019, at around 20:20, the Defendant driven a DNA cargo vehicle with a blood alcohol content of about 0.279% while under the influence of alcohol from around 2 km to the front road of C, the Defendant driven a DNA cargo vehicle with a blood alcohol content of about 0.279%.
As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. An accident site photograph;
1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, summary orders, etc.;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the following circumstances) is a serious crime that threatens not only the defendant himself/herself but also another person's life and body safety.
At the time of the instant crime, the Defendant’s blood alcohol concentration is very high.
On the other hand, the defendant had been punished for the same and different crimes before 2014, but there is no record of punishment heavier than the fine.
In the future, the defendant does not repeat the crime and is able to live faithfully.
In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing as shown in the pleadings, such as the age, character and conduct of the accused, and motive for committing the crime.