도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
On May 31, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the wooden branch of the Gwangju District Court.
However, on June 18, 2020, the Defendant driven a Fpoter II vehicle under the influence of alcohol leveling 0.213% in the 2km section from the front of the “C convenience store” to the front of the “E cafeteria” road located in D at the same time.
Accordingly, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, on-site map, on-site photograph, report on the situation of the driver placed in the main place, investigation report (report on the situation of the driver placed in the main place), notification on the results of regulating the driving of drinking alcohol, a ledger using a drinking measuring instrument, a report on internal investigation (report on the on-site conditions), and a report on the
1. (A) an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of suspect drinking skills);
1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. In addition, even if a person was punished for driving alcohol for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, he/she again caused an accident by driving alcohol, and not only caused an accident by driving alcohol but also caused a very high level of alcohol concentration in blood.
Therefore, the punishment of imprisonment shall be imposed only once, and the execution of the punishment shall be suspended only once, taking into account all the circumstances such as the defendant's age, character and conduct, family environment, economic condition, and the source of his or her family and the branch after the crime.