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 October 22, 2013, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Ulsan District Court, and on June 17, 2015, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.
On May 15, 2019, at around 19:10, the Defendant driven a E-car under the influence of alcohol with approximately 3 km alcohol concentration of about 0.071% from the 3km section to the front road of the D parking lot for the Ulsan Factory D located in the same city north-gu, Chungcheongnam-gu.
As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Investigation report (with respect to the circumstances of sound driving and the model of the mark, calculation of the blood alcohol concentration);
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports (Attachment to a summary order of the same attached power), and summary order;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election 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 sentencing of Article 62-2 of the Criminal Act is that a person who provides community service or attend lectures is driving under drinking again even though he/she had a record of punishment for drinking driving.
On the other hand, the crime of this case committed by traffic accident and leaving the scene is committed, while the degree of drinking is not limited, and other conditions of sentencing as shown in the record such as the defendant's age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence like the order shall be determined by taking into account the following factors: the execution thereof shall be suspended, and community service and order to attend lecture shall be issued.