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 March 31, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Central District Court.
On June 27, 2020, around 02:20, the Defendant driven the DK 3 car volume owned by the Defendant under the influence of alcohol concentration of about 0.156% in a section of about 3km from the front and front roads of Jung-gu, Seoul Metropolitan Government to the roads of Jung-gu, Seoul.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. The defendant's legal statement enforcement report, the statement report on the situation of the driver in charge, and investigation report (in relation to the place where the driver in charge is finally drunk and the place of departure and mileage);
1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;
1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was driving a motor vehicle in front of the motor vehicle due to drinking and caused a physical traffic accident.
The amount of alcohol concentration in blood is also significantly high.
However, considering the defendant's reflectness, the interval between the previous driving record and the time difference between the previous driving record, the most liable for family's livelihood, etc., the punishment shall be determined as ordered in consideration of the defendant's age, sex, criminal records, circumstances leading to the crime, etc., and the circumstances after the crime.