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 January 21, 2008, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on January 21, 2008, and on May 1, 2017, the same court received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.
On April 6, 2020, at around 19:16, the Defendant driven a DNA car in the state of alcohol of about 0.193 percent of blood alcohol concentration from the 6-km section from the roads front of the trade in the Dongdaemun-gu Seoul session to the roads front of the C kindergarten located in Gu Government City B. In order to ensure that the Defendant was under the influence of alcohol of about 0.193 percent.
Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.
Summary of Evidence
1. Defendant’s legal statement, report on the state of his driving, report on the state of his driver’s oral statement, records of crackdown, and records of the crackdown on drinking;
1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's drinking records, the circumstances leading to the crime of drinking and drinking alcohol, and the fact that the defendant's mistake has been seriously affected by his/her own mistake, and the fact that the defendant has to support his/her children still, etc. In addition, the punishment as ordered shall be determined by taking into account various factors of sentencing, such as the defendant's age, character and behavior, occupation and family relation.