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 May 19, 2007, the Defendant driven a motorcycle while under the influence of alcohol with 0.190% of alcohol level, and received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) from the Daejeon District Court on August 24, 2007. On December 9, 2007, the Defendant driven a motor vehicle while under the influence of alcohol with 0.130% of blood alcohol level on December 28, 2007, and received a summary order of KRW 2 million due to the same crime, etc.
On April 25, 2020, at around 17:43, the Defendant, from the Daejeon Dong-gu B apartment parking lot to the roads adjacent to the Chungcheongnamcheon-gun C, driven a D-eth-sports truck under the influence of alcohol leveling 0.113% of alcohol level from around 12km to the roads adjacent to the Chungcheongnamcheon-gun C.
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. A traffic accident report, an accident site photograph, and a circumstantial statement of the driver;
1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate 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.
Although the Defendant had been punished by driving under drinking and driving without a license several times including the foregoing, the Defendant committed the instant crime by driving under drinking while driving under the influence of alcohol.
In particular, the Defendant.