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 June 7, 2010, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 2.5 million for a fine due to the same crime in the same court on February 15, 2011. On June 11, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Changwon District Court.
On October 15, 2018, the Defendant driven a Bco-sports car under the influence of alcohol content of about 0.061% at a distance of about 10km from the front of a mutual influent restaurant located in Chang-ri to the events in the front road in the same new-dong 1A, the Defendant driven a Bco-do sports car in the state of under the influence of alcohol content of about 0.061% from the 10km section to the events in the middle of the same new-dong 1A.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act requires that the defendant has been punished several times due to drinking, driving, etc.
However, the sentence shall be determined as ordered by considering the fact that one's mistake is recognized and reflected, the details and the drinking result of the case, and the age, health status, etc. of the defendant.