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 March 17, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on March 17, 2009, and the summary order of KRW 5 million for the crime of violating the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on September 10, 2012.
On December 13, 2019, at around 00:45, the Defendant driven a D low-speed car with a blood alcohol concentration of about 0.118% from the 20km section around Asan City to the front road of Asan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on a traffic accident, report on the occurrence of a traffic accident, report on the scene of an accident, photograph of the driver at the site, report on the situation of the driver at home, report on the control of drinking driving, report on investigation (investigation into
1. Application of replys to inquiries, such as criminal records, investigation reports (verification of the same kind of power), and statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.
In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.
The blood alcohol concentration measured is considerably high by 0.118%.
The distance of the vehicle shall be the way.
The risk of accidents is also high, such as taking telegraphs into consideration.
However, the defendant recognizes his mistake and is against his will.
No person shall be subject to criminal punishment, except twice a fine due to drinking driving.
In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.