도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for not less than eight 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 May 16, 2011, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act, and a summary order of KRW 5 million for the same crime in the same court on January 25, 2016.
On May 16, 2019, at around 22:20, the Defendant driven a DNA car at a section of about 1 km from the front of the Defendant’s house located in the Sinyeong-si B to the road located in the Sinyeong-si C while under the influence of alcohol by 0.182% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, report on circumstantial statements, and investigation report;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);
1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 0.1%) (see, e., Supreme Court Decision 0.g.
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;