도로교통법위반(음주운전)
Defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 22, 2008, the Defendant driven a motor vehicle while under the influence of alcohol of 0.063%, and was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Young-dong Branch of Young-gu District Court on August 4, 2008, and on January 24, 201, the Defendant driven a motor vehicle while under the influence of alcohol of 0.062% of the blood alcohol concentration (driving), and was issued a summary order of KRW 100,000 as an offense in the Daegu District Court Kimcheon-do branch on February 15, 2011.
On May 17, 2020, at around 01:06, the Defendant driven a DNA passenger car under the influence of alcohol by 0.105% in blood alcohol concentration from around 1.8km section of approximately 1.8km to national highways No. 19 of the same Eup/Myeon, from around 01:06, the C cafeteria located in Chungcheongnam-gun B of Chungcheongbuk-gun, Chungcheongnam-do to the national highways No. 19.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Criminal records as indicated in the judgment: Application of criminal records, etc. and investigation reports (A, and confirmation of the same criminal records);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.
Although the Defendant had been punished by a fine for driving three times including the foregoing, he/she was engaged in the crime of this case by driving under the influence of alcohol.