도로교통법위반(음주운전)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On November 13, 2013, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
On June 24, 2020, the Defendant, at around 04:55, driven a Cresh vehicle with a alcohol level of about 1.5km in the section of approximately 0.258% alcohol level from the front of the Dog Park in Daegu Northern-ro 229 to the front road of the Dogam Park.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. A written statement of the defendant's legal statement D, a report on the situation of his/her driver on the 112 Report Case Handling, an investigation report (report on the situation of his/her driver), notification on the results of the influence of alcohol driving, the register of driver's licenses for motor vehicles, and an automobile
1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous and summary orders) Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Article 62 (1) of the Criminal Act;
1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.
Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.
The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.
Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.
Driving in drinking condition is an act of increasing the above risk of driving.
Since drinking driving leads to a serious loss of human life, it is necessary to evaluate the illegality of drinking driving itself seriously.