도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for one year.
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 June 27, 2012, the Defendant was issued a summary order of KRW 4 million on August 3, 2012, by driving a motor vehicle under the influence of alcohol level of 0.110% with a blood alcohol level of 0.10%, etc., on August 3, 2012.
On May 15, 2020, at around 21:51, the Defendant driven a D1 ton truck under the influence of alcohol with approximately 5km alcohol concentration of about 0.185% from the 5km section to the roads in front of a restaurant in the same military.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement statement and report of the driver of the alcoholic beverages, etc.;
1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, 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. 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.
As seen earlier, the Defendant had been punished as a fine by driving under the influence of alcohol.
Nevertheless, considering the risk of traffic accidents increased as a result, the defendant's liability is not somewhat weak when he/she committed the crime of this case while driving a motor vehicle on a multiple occasions.
However, the defendant shows his attitude to recognize and reflect the crime of this case, and is with his parents.