도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 20, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on March 20, 2015, and the same court on March 3, 2017 issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.
On November 14, 2020, the Defendant driven BM5 vehicle under the influence of alcohol 0.042% from a section of approximately 300 meters of alcohol level to the same Si-dong X-ray, from the front of the trade infinite Gong-dong, which is located in Finite-si, SM3:03 around November 14, 2020 to the road before the same Si-dong X-ray.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (applicable to the same type of crime);
1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 0.042% of the drinking volume; Supreme Court Decision 2009Da1420, Apr. 1, 2009)
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 2
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;